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(영문) 대구지방법원 2017.01.19 2016노2538
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 (3 million won in penalty) is too unhued and unreasonable.

2. However, the Defendant runs away without taking any measures to cause the instant accident, and the nature of the crime is considerably bad, and there are the same circumstances that the Defendant was under the influence of alcohol at the time of the instant accident.

However, the defendant is against the facts charged, and the degree of injury of the victims due to the accident in this case is not severe, and they do not want to be punished by the defendant upon agreement with the victims.

In addition, the defendant's main figures want to take the defendant's wife, and the defendant does not have the same criminal history.

In addition, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is deemed as unfortunate and unreasonable.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.

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