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(영문) 대전지방법원 2015.11.19 2015노2563
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a two-year imprisonment, a three-year suspension of execution, and a community service order 40-hours) of the lower court against the Defendant is deemed unreasonable.

2. The judgment of this case is an unfavorable circumstance to the defendant for the following reasons: the defendant inflicted an injury on the victim by a traffic accident that shocks the victim's driver's vehicle; the defendant immediately stopped the victim's vehicle even though he has damaged the victim's vehicle and escaped without taking necessary measures such as providing relief to the victim; further, the crime of this case is not good for Co-Defendant B to actively induce the victim's escape; the defendant has already been punished several traffic-related crimes; and the defendant committed the crime of this case even though he had been under suspension of execution due to the violation of the Road Traffic Act (unlicensed Driving).

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and circumstances before and after the crime, it appears that the lower court, which has suspended the execution of imprisonment for the Defendant, in addition to community service, seems to be unreasonable because the sentence of the lower court, which has suspended the execution of imprisonment for the Defendant, is too unreasonable, is too unreasonable, since the Defendant did not want to punish the Defendant, and the Defendant wants to have the Defendant’s wife without wanting to punish the Defendant. The Defendant’s driver’s vehicle was insured at the time of the crime in this case, and the social relation between the Defendant and the Defendant appears to be clear.

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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