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(영문) 의정부지방법원 2019.07.18 2018노2987
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing (the original sentence: Imprisonment for eight months, the suspension of execution, two years, community service, 200 hours, 40 hours in a compliance driving lecture);

2. The lower court determined a sentence by comprehensively taking into account the following circumstances and the matters stipulated in Article 51 of the Criminal Act. A person under way: (a) the Defendant escaped without taking any measure even after being accompanied by the central separation zone while driving; (b) the Defendant entered a nearby building to avoid drinking control even though 3 months have passed from that time, and went back to the nearby building to avoid drinking control; (c) the Defendant recognized all of the instant crimes; (d) the victim G, I, and J did not want to be punished against the Defendant; and (e) the victims were recovered or expected to recover part of the damage caused by the comprehensive motor vehicle insurance to which the Defendant was admitted; and (e) the reason for unfair sentencing asserted by the Prosecutor in the trial of the lower court does not seem to have exceeded the reasonable scope of discretion.

In addition, there is no circumstance to determine that the conditions of sentencing were changed in the trial, so it is reasonable to respect the sentencing of the court below.

Therefore, the prosecutor does not accept the prosecutor's allegation 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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