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(영문) 대전지방법원 2013.09.12 2013노769
특정범죄가중처벌등에관한법률위반(도주차량)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of community service order of two years and six months of imprisonment, three years of suspended execution, and 80 hours of imprisonment imposed by the public prosecutor is too uneased and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. The judgment of the court below is that the crime of this case causes a traffic accident, even though the defendant does not rescue the victim, and eventually leads to the death of the victim, and the defendant's liability for the crime is considerably heavy. Meanwhile, the defendant's consent with his bereaved family members does not want the punishment of the victim. The traffic accident of this case is due to the defendant's failure to detect the victim who was unauthorized crossing the clothes of the system at night, and there are circumstances to be taken into account in the circumstances. The following day of the accident, the defendant voluntarily attends the police station, there is no specific criminal power other than a fine, the defendant's voluntary attendance at the police station, the defendant's age, character, conduct, environment, and other sentencing conditions are all taken into account, it is deemed that the punishment of the court below is deemed appropriate, and it cannot be deemed that the defendant's age, character, and behavior, and it is unfair or unreasonable.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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