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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2018.09.21 2018노4300
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, two years of community service order, 160 hours of community service order, 40 hours of compliance driving instruction) is too uneasy and unreasonable.

2. Circumstances are unfavorable to the Defendant, such as the following: (a) the details and details of the instant crime; and (b) the circumstance after the instant crime was committed; (c) the Defendant had the record of punishing the Defendant for the crime of drinking alcohol; and (d) the fact that the Defendant could not agree with the victim of the insulting crime

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant reflects the crime, the fact that the vehicle of the defendant was covered by the automobile comprehensive insurance, the fact that there is no record of punishment exceeding the fine, the fact that the victim of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Do Governor) has agreed smoothly with the victim, and the fact that there seems to be clear social relationship

Considering the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s age, occupation, sex, environment, and family relationship, the lower court’s punishment is too unfeasible and it is difficult to view it as unfair.

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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