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(영문) 인천지방법원 2017.10.18 2017노306
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unfasible and unfair.

2. Taking into account the sentencing conditions indicated in the records and arguments of the instant case, even considering the circumstances asserted by the prosecutor on the grounds of appeal, the lower court’s sentence is too uneasible and unreasonable (Provided, That considering the fact that the Defendant’s relatively young age has a large number of juvenile protective disposition and criminal records on various crimes, such as drinking, driving, violating the Road Traffic Act (on the part of the accident), and the fact that the crime of the instant case is not good, it is difficult to expect the Defendant’s replacement of compliance consciousness in the future when the Defendant leads to an additional crime, such as an unlicensed driving, driving of alcohol, or an escape after a physical traffic accident.

Therefore, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition by the court below (Article 25 (1) of the Regulation on Criminal Procedure, which states that "Article 148 of the Road Traffic Act" in Article 3 of the Regulation on Criminal Procedure shall be corrected ex officio to "Article 148 of the Road Traffic Act" in Article 25 (1) of the Regulation on Criminal Procedure.

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