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(영문) 광주지방법원 2016.09.28 2016노802
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended sentence for eight months of imprisonment, one hundred and twenty hours of community service, and forty hours of instruction of compliance driving) on the summary of the grounds of appeal is deemed to be too uneasy and unreasonable.

2. The judgment is that the Defendant, while driving a vehicle without mandatory insurance even under the influence of alcohol, has escaped without taking any measures to cause a traffic accident, and the nature of the crime is not good.

In addition, there is no agreement with some victims.

However, the defendant's mistake is against the beginning of the crime.

In the trial of the party, the victim E and the victim E do not want to be punished.

The degree of injury suffered by the victims is relatively minor.

In addition, in full view of the background of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc., as well as the application of the sentencing guidelines of the Supreme Court sentencing committee, the prosecutor’s assertion is without merit, on the grounds that the lower court’s punishment is too uneasible and inappropriate.

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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