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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2013.08.16 2013노1095
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable since the sentence of two years of suspended execution, and the sentence of two hundred hours of community service order, which is too unfasible, is too unfasible to the defendant.

2. The crime of this case committed by the Defendant is driving the freight truck with a large body of the Defendant.

In light of the circumstances before and after the occurrence of the instant accident, it is recognized that the Defendant was suspected of drinking alcohol at the time of the instant accident in light of the situation before and after the instant accident.

However, in full view of all the circumstances, including the fact that the Defendant recognized all the crimes of this case, the degree of injury of the victims, and the deposit of a certain amount for the victims, the vehicle of this case can be compensated to a certain extent as the victims are covered by a comprehensive insurance, and there is no past record that the Defendant was sentenced to a suspended sentence or a heavier punishment before and after, and all other circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age, environment, family relationship, occupation, and conditions before and after the crime, the sentence of the lower court, which did not sentence the Defendant, is unreasonable.

The prosecutor's assertion is without merit.

3. According to the conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the prosecutor's appeal of this case is without merit.

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