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(영문) 광주지방법원 2015.06.11 2014노2617
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

Summary of Grounds for Appeal

A. The Prosecutor’s sentence (three years of suspended execution for one year of imprisonment, one hundred and twenty hours of community service, and forty hours of a compliance officer’s lecture) of the lower court is deemed to be too unfortunate and unfair.

B. The lower court’s punishment is too unreasonable.

Judgment

The defendant escaped without taking any particular measure despite causing a traffic accident while driving a drunk, and the crime of this case is of significant nature, the degree of injury of the victim is not weak, and the defendant has the same criminal record as the defendant, etc. are disadvantageous factors for sentencing.

On the other hand, considering the following day of the instant accident, the Defendant appeared at the investigative agency to make a mistake and cooperate in the investigation, the Defendant agreed with the victim, the Defendant’s wife against the Defendant, the Defendant’s vehicle is covered by comprehensive insurance, the Defendant’s family members to support the Defendant, etc. as well as other favorable sentencing factors, such as the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc., and the scope of recommended sentences according to the sentencing guidelines of the Sentencing Commission (traffic crime, the first type of escape (the first class of escape after the traffic accident: imprisonment of 8 months to 1 year and 6 months after the occurrence of the traffic accident): the lower court’s punishment is not deemed to be too weak or unreasonable; thus, both the Prosecutor and the Defendant’s assertion are without merit.

Therefore, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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