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(영문) 광주지방법원 2013.06.12 2013노699
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main points of the grounds for appeal are as follows: (a) the lower court’s punishment (exemption from punishment) is too unfied and unreasonable.

2. Determination is an unfavorable circumstance that the Defendant, while driving a vehicle not insured under a license, did not take necessary measures while causing a traffic accident.

However, the defendant's mistake is recognized. The crime of this case is in the relation between the final and conclusive judgment such as the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the concurrent crime under the latter part of Article 37 of the Criminal Act, and the defendant was sentenced to four years of imprisonment at the above final and conclusive judgment. The main crime of this case is larceny. However, the main crime of this case is larceny part of the crime of this case, but the part where the defendant driving a vehicle which was not insured with a license without license and caused physical damage is included in the occurrence of traffic accident and did not separately select a fine. Considering the favorable circumstances, such as the defendant's age, character and behavior, occupation and environment, motive and circumstance leading to the crime of this case, and all the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, the court below's punishment is too unjustifiable and unreasonable

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

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