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(영문) 서울중앙지방법원 2013.05.16 2013노891
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended sentence, two hours of community service order, 120 hours of community service order, 40 hours of compliance driving lecture) of the lower court is deemed to be too uneasy and unreasonable.

2. In light of the circumstances leading up to the traffic accident and the circumstances after the accident, and the fact that the defendant had been sentenced to a fine of KRW 3,00,000 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2005, etc., it is deemed that there is a need for a strict punishment of the defendant. However, in the meantime, the defendant is in depth and reflects his criminal act from the investigation stage to the trial stage, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, the victims do not want the punishment against the defendant at the investigation stage, the victims do not want the punishment against the defendant in addition to the above power, the defendant's age, character and behavior, environment, and other sentencing conditions, the court below's punishment cannot be deemed unfair because it is too unreasonable.

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

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