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(영문) 광주지방법원 2016.09.28 2016노796
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended execution of imprisonment with prison labor for six months, and forty hours of participation in community service and law-abiding driving lectures) is deemed to be too uneasy and unfair.

2. The offense is not good because the Defendant, while driving a vehicle not covered by mandatory insurance, has escaped without taking any measure despite causing a traffic accident.

In addition, there is no agreement with one victim.

However, the defendant reflects his mistake, and the degree of personal and material damage is relatively minor.

There is no history of punishment exceeding a fine.

In addition, in full view of the circumstances of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc., as well as the application of the sentencing guidelines of the Supreme Court sentencing committee, etc., the prosecutor’s assertion is without merit, on the grounds that the sentence imposed by the lower court is too uneasible and inappropriate.

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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