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(영문) 부산지방법원 2014.10.10 2014노2689
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: imprisonment with prison labor for 6 months, 2 years of suspended execution, and 40 hours of order to attend a law-abiding driving lecture, which is too uneasible and unfair.

2. Each of the instant crimes committed by the Defendant, in violation of the duty of care at the time of Jeonju, committed a traffic accident that leads to damage to the human and material resources of an elderly victim, without any rescue and relief measures, and runs away from the match. It is recognized that the case is not weak, but poor, and that the Defendant has a history of criminal punishment on several occasions including the same kind of crime.

However, all of the crimes of this case are recognized by the defendant, and it seems that the defendant has been detained for three weeks at the court below, and that the personal and material damage of the victim was not severe, and that the victim's driver's license insurance has been subscribed to the liability insurance, so considerable part of the damage of the victim can be recovered from the insurance money. In light of the fact that the agreement has been submitted between the defendant and the victim in the first instance, and other various circumstances, including the defendant's age, environment, occupation, family relationship, the circumstances leading to each of the crimes of this case, and the circumstances before and after the crime, etc., the court below's punishment cannot be deemed unfair because it is excessively unfeasible.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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