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(영문) 광주지방법원 2015.05.12 2014노1825
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

The judgment below

Part 20 shall be corrected to “H” in Part 20.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, two years of suspended sentence, two years of probation, one hundred and twenty hours of community service, and forty hours of order to attend a lecture) is too unhued and unreasonable;

2. In full view of the favorable sentencing factors, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., even though having had the history of punishment for drinking driving multiple times, the Defendant destroyed the vehicle while driving and escaped, and the Defendant refused to take a drinking test, but the Defendant’s vehicle is seriously against the crime, the Defendant’s vehicle is covered by a comprehensive insurance, and other favorable sentencing factors such as the Defendant’s support for his father who is administering the disease with white blood disease, and other various circumstances that form the conditions of sentencing as indicated in the instant records and arguments, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., it cannot be deemed unfair for the lower

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. Since it is obvious that there are some errors in the entry of the reasoning of the judgment below, it is so decided as per Disposition by the court below to correct it under Article 25 of

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