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(영문) 전주지방법원 2017.06.09 2017노126
특정범죄가중처벌등에관한법률위반(도주치상)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 (the imprisonment of six months, the suspension of the execution of two years, the community service order80 hours, the order to attend a law enforcement lecture) is too uneasible and unreasonable.

2. Determination

A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the first deliberation regarding the determination of sentencing, and the fact that the court of first instance ex post facto character of the appellate trial, etc., if there is no change in the conditions of sentencing compared to the first instance court, and the first deliberation sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (B) The instant crime was committed without taking any measures to cause a traffic accident involving another vehicle due to negligence while the Defendant neglected his/her duty of care while driving, and thus, the crime was not very good, and the victim was injured by the said traffic accident, and the damaged vehicle was damaged to the extent that the repair cost was less vulnerable, the victims and the victims did not agree.

However, the above circumstances were already launched during the oral argument of the lower court, and there was no special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower judgment, the Defendant recognized and reflects the error, the victim’s injury is relatively minor, the Defendant’s vehicle was covered by an automobile comprehensive insurance policy, the Defendant’s criminal punishment has no record, and the Defendant’s age, sex, conduct, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, and other various sentencing conditions as shown in the records and arguments of this case, such as the circumstances after the crime, do not seem to be unfair since the lower court’s punishment is too unfeasible.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the Prosecutor’s appeal is justified.

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