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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.06.12 2014노5772
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (one year of suspended sentence in five months) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In this case where the accused neglected his duty of care in the course of performing his duties and caused a traffic accident, thereby causing injury to the victim, and without taking necessary measures even if he damaged the vehicle, the nature of the crime is poor;

However, in full view of the following circumstances: (a) the Defendant was found to have committed the instant crime when the Defendant was late at the lower court; (b) the Defendant was aware of the instant crime; (c) the Defendant agreed smoothly with the victim; (d) the degree of injury the victim was difficult to deem; (c) the Defendant’s vehicle is covered by a comprehensive insurance policy; and (d) the Defendant’s age, character and conduct, environment, family relationship, and other circumstances that form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, family relationship, and circumstances after the commission of the instant crime, the lower court’s punishment

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

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