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(영문) 수원지방법원 2017.11.10 2017노4790
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (Defendant A: one year of imprisonment, two years of suspended sentence, 80 hours of community service order, Defendant B: fine of three million won) is too unhued and unreasonable.

2. Determination

A. Although the defendant had been subject to punishment several times due to the crime of drinking driving, he/she was driving his/her motor vehicle again during the suspension period of his/her driver's license, and escaped without taking relief measures, and the offender also committed the crime to avoid liability for each of the above crimes, which is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognizes his criminal act and is against the defendant, there is no history of punishment exceeding the fine, the degree of injury of the victim is relatively minor, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, and the agreement with the victim is favorable to the defendant.

Considering the above circumstances and the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem that the lower court’s punishment is too uneasible and unfair.

Therefore, the prosecutor's above assertion is without merit.

B. In light of the fact that the defendant tried to conceal the above A's crime by making a false statement as if he was an offender upon the above A's request, the fact that the crime is not good is unfavorable to the defendant.

Meanwhile, considering the favorable circumstances, such as the fact that the defendant's mistake is recognized, and other factors of sentencing indicated in the records, such as the defendant's family relation, age, sexual conduct, environment, motive for committing the crime, circumstance after committing the crime, etc., it is difficult to view that the sentence of the court below is too unfeasible and unfair.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is justified.

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