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(영문) 서울중앙지방법원 2017.06.08 2016노5004
특정범죄가중처벌등에관한법률위반(도주치상)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. The crime of this case is an unfavorable circumstance to the defendant, where the defendant committed the crime of this case, while driving without a license, caused damage to the victim by shocking the damaged vehicle due to the negligence of violating the signal, resulting in the victim’s personal and physical damage, and the nature of the crime is not good.

However, the fact that the defendant is recognized as committing the crime of this case, the vehicle operated by the defendant is subscribed to a comprehensive siren deduction and agreed with the victim smoothly, the victim's negligence also gives rise to the occurrence of the traffic accident of this case, the victim's injury is not severe, and there is no record of punishment for the same kind of crime, etc. are favorable to the defendant.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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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