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(영문) 광주지방법원 2017.08.10 2016노4250
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution, two years of probation observation, one hundred and twenty hours of community service, and forty hours of lecture of compliance driving in the period of ten months of imprisonment) is too uneasy and unreasonable.

2. The judgment that the defendant has been punished three times for a traffic-related crime is disadvantageous to the defendant.

However, considering the fact that the degree of injury to the victim is minor, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, the defendant's vehicle is covered by the comprehensive motor vehicle insurance, the fact that the defendant agreed smoothly with the victim, the defendant's mistake is recognized, and other various circumstances shown in the arguments in this case, the court below's punishment is too uneasible and unfair, and thus, the prosecutor's assertion is rejected.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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