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(영문) 수원지방법원 2017.09.06 2016노7924
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for eight months of imprisonment, and forty hours of participation in community service and law-abiding driving lectures) is too uneased and unreasonable.

2. The offense is not good because the Defendant, who caused an accident, did not take any action and escaped.

The defendant has been sentenced to a fine of violation of road traffic law, such as driving without a license, four times.

However, in full view of the following: (a) the Defendant’s mistake is against the Defendant; (b) the degree of injury to the victim is relatively excessive; (c) there is no criminal record of the same kind since 2003; and (d) other various sentencing conditions specified in the instant pleadings, such as the circumstances leading to the instant crime; (b) the circumstances after the instant crime; (c) the Defendant’s age; and (d) the Defendant’s sexual conduct; and (c) the Defendant’s environment, etc.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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