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(영문) 광주지방법원 2016.10.05 2016노798
특정범죄가중처벌등에관한법률위반(도주차량)등
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 for six months of imprisonment and forty hours of attending community service and law-abiding lecture each) is too uneased and unreasonable;

2. The judgment is an unfavorable circumstance, such as the fact that the defendant was punished several times for a traffic-related crime, and that there is no agreement with the victims, and that the defendant escaped without taking any measures to cause a traffic accident and that the crime is not good.

On the other hand, in full view of the following factors: (a) the Defendant reflects his mistake; (b) the degree of injury of the victims is relatively relatively relatively less and the Defendant’s driver’s vehicle is subscribed to a comprehensive motor vehicle insurance; (c) there is no record of criminal punishment exceeding the fine imposed on the Defendant; (d) the background of the instant crime; (b) the circumstances after the instant crime was committed; (c) various sentencing conditions, such as the Defendant’s age, character and conduct, and environment; and (d) the application of the sentencing guidelines of the Sentencing Commission by

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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