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(영문) 광주지방법원 2016.10.27 2016노947
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 months of imprisonment, two years of suspended sentence, 80 hours of community service, and 40 hours of order to attend a compliance driving lecture) is too unhued and unreasonable;

2. The fact that the instant traffic accident occurred due to the Defendant’s total negligence, and the fact that the instant traffic accident did not take any measures despite the occurrence of serious traffic risks and obstacles due to the instant traffic accident, and that the Defendant escaped is disadvantageous to the Defendant.

On the other hand, the following conditions are favorable.

Defendant reflects the instant crime.

At the stage of investigation, the defendant did not want to punish the defendant, and deposited KRW 1 million for the victim F in the original trial.

The defendant is an initial offender who has no record of punishment.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, the prosecutor’s assertion is without merit.

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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