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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2018.01.10 2017노4194
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (two years of suspended sentence for ten months of imprisonment, and forty hours of lectures for compliance driving) is too uneasible and unfair.

2. The strict punishment corresponding thereto is required if the defendant, who had a previous conviction in the same kind, once driving a drinking again and did not take necessary measures despite the occurrence of a traffic accident, and the defendant escaped.

However, in full view of the fact that the defendant divided his mistake, the defendant did not have the same criminal record after around 2008, and the degree of damage caused by the traffic accident of this case is not severe, and the victim does not want the punishment of the defendant. In full view of the defendant's age, sex and environment, motive, means and consequence of the crime, various sentencing conditions as shown in the arguments of this case, such as the defendant's age, sexual behavior and environment, motive, means and consequence of the crime, the circumstance after the crime, etc., the 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.

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