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(영문) 부산지방법원 2014.11.07 2014노3124
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unfair because the sentence of imprisonment with prison labor for six months, two years of suspended execution, and 80 hours of community service for the defendant, and twenty-four hours of law-abiding lecture is too uncomfortable.

2. As to each of the crimes of this case, the following facts are acknowledged: (a) the Defendant, while driving a motor vehicle without a driver’s license, had the victim E-driving motor vehicle while driving the motor vehicle; (b) had the victim and the passenger G, who stopped the above motor vehicle; and (c) had the victim and the passenger go away without taking relief measures, etc. at the same time, while causing injury to the victim and the victim G; and (d) has not been agreed with the victims until the trial.

However, in full view of the following circumstances: (a) the Defendant recognized each of the crimes in this case, thereby against his mistake; (b) the degree of damage is relatively minor; and (c) the risk of damage is expected to be recovered by the victims as the vehicles are covered by comprehensive insurance; and (d) there is no particular history of criminal punishment except for punishment imposed once due to a drunk driving; (b) the Defendant’s age, environment, occupation, family relationship, circumstances leading to each of the crimes in this case; and (c) the circumstances leading to each of the crimes in this case; and (d) the sentencing conditions indicated in the records, such as the circumstances after the commission of the

Therefore, prosecutor's assertion is without merit.

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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