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(영문) 대구지방법원 2017.04.27 2016노4453
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the sentence of 2 years of suspended execution in 10 months of imprisonment, community service hours 80 hours, compliance driving lectures 40 hours in prison) is too uneased and unfair.

2. The fact that the accused has caused a traffic accident in violation of the signal while driving again in spite of the fact that he/she had been punished three times or more due to the crime of violating the Road Traffic Act, and that he/she has left the scene of the accident without providing relief to the injured party and leaving the scene of the accident is disadvantageous to the accused;

However, in full view of all the sentencing conditions in the records, including the Defendant’s age, sex behavior, environment, occupation, and circumstances after the crime, the lower court’s punishment is too uneasable and unreasonable, in light of the following: (a) the Defendant committed a crime and committed a crime; (b) the injury suffered by the victim is relatively minor; (c) the victim was not punished by the Defendant in agreement with the victim; (d) the vehicle is covered by the comprehensive automobile insurance; (e) the Defendant’s family members and branch members desire to take advantage of the Defendant’s wife against the Defendant; and (e) the Defendant’s age, sex

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.

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