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(영문) 광주지방법원 2016.09.28 2016노840
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 six months of imprisonment, observation of protection, and forty hours of attending a compliance driving) is too uneased and unreasonable.

2. The Defendant’s act of causing a traffic accident on an expressway does not constitute a crime and did not agree with the victim because the Defendant escaped without taking any measure.

However, the degree of injury of the victim is relatively minor and the automobile of the defendant is covered by the comprehensive automobile insurance.

There is no record of criminal punishment for the accused except for the accused who has been sentenced one time to a different type of crime.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the grounds that the lower court’s punishment is too uneasible and it is not deemed unfair.

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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