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(영문) 대전지방법원 2015.05.14 2014노3470
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for three years and five years of suspended execution) of the lower court against the Defendant is deemed unreasonable as it is too uneasible.

2. The Defendant committed the instant crime, even though he was sentenced to a fine four times due to drinking or driving without a license, is disadvantageous to the Defendant, such as: (a) the Defendant committed the instant crime, even though he was sentenced to a fine four times due to drinking or driving without a license, and the Defendant committed the instant crime.

However, in full view of the following factors: (a) the Defendant filed a report after the occurrence of the accident after the occurrence of the accident to confirm the sending of the victim to the first-aid vehicle; (b) voluntarily surrendered around 3 days after the commission; (c) the confession of the instant crime and the Defendant’s mistake appears to be against his depth; (d) the Defendant’s vehicle was covered by the liability insurance at the time of the instant crime; (c) the Defendant’s wife appears to clearly have social ties, such as the Defendant’s intent to be punished by the victim’s bereaved family members; (d) the Defendant’s bereaved family members do not want the Defendant’s punishment; and (e) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means, and consequence; and (e) the scope of the recommended sentencing guidelines set forth in the sentencing guidelines of the Sentencing Committee; and (e) the Prosecutor’s assertion of unfair sentencing

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

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