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(영문) 수원지방법원 2018.06.27 2018노218
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment with prison labor, three years of suspended execution, 120 hours of community service order) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances are favorable for the following: (a) the Defendant’s mistake is divided and reflected by his/her own mistake; (b) the Defendant’s failure to repeat the offense; and (c) the victim does not want to punish the Defendant.

However, even if the Defendant did not take measures such as aiding and abetting the victim of a traffic accident due to the gross negligence of drinking driving and the central crime, and escaped without taking measures such as aiding and abetting the victim of a traffic accident, repeating the instant crime even if there was the history of punishment several times for the same kind of crime, and considering the circumstances that are already favorable to the Defendant in the lower court. In full view of all the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex behavior, environment, the circumstances and consequence of the instant crime, and the circumstances after the judgment of the lower court, etc., the Defendant and the prosecutor’s above assertion are without merit.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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