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(영문) 수원지방법원 2017.11.17 2017노5603
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, and the order to attend a law-abiding driving lecture 40 hours) is too uneasible and unfair.

2. The defendant escaped without taking necessary measures to avoid the instant traffic accident while driving alcohol, and the nature of the crime is not that of the crime.

On the other hand, the defendant repents his wrong and reflects his wrong, there is no criminal history against the defendant, the vehicle of the defendant is covered by the comprehensive automobile insurance, the defendant's vehicle is covered by the comprehensive automobile insurance, the defendant's agreement is reached with the victim in the investigation stage, and the degree of injury of the victim is relatively minor.

The fact that it appears is favorable to the defendant.

In addition, when comprehensively taking into account all the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, the lower court’s punishment is deemed unreasonable as it is too uneasible.

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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