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(영문) 수원지방법원 2018.01.12 2017노7422
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment, two years of suspended execution, and forty hours of community service order) is too unfasible and unreasonable.

2. Determination is an unfavorable circumstance to the Defendant, where the Defendant, while driving a drinking vehicle, did not take necessary measures to cause the instant traffic accident while causing the damage of the damaged vehicle, and the degree of damage of the damaged vehicle is not provided against the Defendant.

On the other hand, the fact that the defendant repents his mistake and reflects it, there is no criminal history against the defendant, the vehicle of the defendant is covered by the automobile comprehensive insurance, and the degree of injury of the victims is relatively heavy is favorable to the defendant.

In addition, considering all of the sentencing conditions in the instant case, including Defendant’s age, sexual conduct, environment, circumstances after the commission of the crime, and circumstances after the commission of the crime, the lower court’s punishment is deemed to be unfair because it is too uneasible to be assessed differently from the sentencing conditions of the lower court.

Therefore, the prosecutor's above 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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