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(영문) 대전지방법원 2015.11.25 2015노2413
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months and two years of suspended sentence) of the lower court’s sentence against the Defendant is deemed unreasonable.

2. Determination is an unfavorable circumstance to the Defendant that the Defendant left the victim in danger beyond the road and left the site as it is, and that there is no agreement with the victim.

However, the fact that the defendant accepted the judgment of the court below and reflects his mistake, that the victim who illegally crossed the road at night seems to have a considerable negligence, that the damage is recovered through the comprehensive insurance to which the defendant was admitted, and that the social relationship of the defendant seems to be relatively obvious is favorable to the defendant.

In addition to the above circumstances and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the accused, character and conduct, family relationship, occupation, etc. and the conditions of sentencing as shown in the records and arguments, there is no change in circumstances to determine the sentence differently from the original judgment, and the scope of the recommended sentencing guidelines for the enactment of the Sentencing Commission [the scope of recommending punishment] the range of sentencing guidelines for the first type (the escape after the injury) after traffic accident, the mitigation area (the period of six months to ten months) (the period of imprisonment), the mitigation area (the period of six months to ten months) [the special mitigation], and there is no negative reason for the occurrence of traffic accident or the expansion of damage [the main reasons for the suspension of execution] / There is no negative reason for the victim: In a case where the victim was at considerable negligence in the occurrence or expansion of damage [the reason for general writing]. It is clear that the court below's sentence is too uneasible, and the prosecutor's assertion of unfair sentencing is not acceptable.

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

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