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(영문) 광주지방법원 2015.06.25 2014노2813
도로교통법위반(사고후미조치)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 1,500,000 (fine 1,50,000) is too unhued and unreasonable.

2. The Defendant committed the instant crime in breach of the duty of safe driving and thereby, committed the instant crime without taking any measures against the victim’s failure to destroy the victim’s vehicle, and thus, is disadvantageous to the nature of the crime.

However, considering the favorable circumstances, such as the Defendant’s mistake, the victim’s consent does not want punishment against the Defendant, and so far, the Defendant has lived in good faith without the records of the crime (it is difficult to consider the Defendant’s drinking driving at the time of the instant crime, unless there is any evidence as to it, in light of all sentencing conditions indicated in the instant case, such as the Defendant’s age, character and conduct, environment, circumstances and consequence of the instant crime, and the circumstances after the crime, etc., the lower court’s punishment is too uneasible and unreasonable. Thus, the prosecutor’s above assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, since it is evident that the second class's "the first day below the judgment of the court below" is a clerical error in the "the amount of the second class's low-income vehicle", it shall be corrected in accordance with Article 25 of the Rules on Criminal Procedure.

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