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(영문) 청주지방법원 2014.11.20 2014노827
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, and 120 hours of community service) declared by the court below is too unfasible and unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant suffered injury from the victims of a traffic accident but failed to take necessary measures, and the nature of the crime was serious, and the fact that the victim did not agree with the victims is committed.

However, in full view of the following factors: (a) the Defendant was a primary offender without any previous conviction; (b) the degree of injury of the victims is relatively minor; (c) the vehicle driven by the Defendant was covered by a comprehensive insurance; and (d) the Defendant appears to have disposed of and been well aware of the vehicle after the accident; and (e) other factors of sentencing as indicated in the instant records and arguments, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

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

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