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(영문) 대전지방법원 2015.09.03 2015노1442
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months, two years of suspended sentence, and 80 hours of community service order) of the lower court against the Defendant is too unreasonable.

2. The instant case pertains to a case in which the Defendant: (a) shocked the victim’s DNA driving vehicle; (b) provided the victim with a traffic accident causing the victim to shock the victim’s vehicle again; and (c) immediately stop the vehicle even after the victims’ damage to the vehicle; and (d) does not take necessary measures such as providing relief to the victims; and (b) the relevant crime is not good.

However, it appears that the defendant led to the confession of the crime of this case and reflects his mistake, the victim's injury seems to have been relatively unhutiled. The defendant agreed with the victim F and made efforts to recover damage by depositing one million won for the victim D, etc. The vehicle of the defendant was covered by the liability insurance at the time of this case, the defendant did not have any criminal records exceeding the fine, and the defendant did not have any other criminal records in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character, character, environment, motive, means and consequence of the crime of this case, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime before and after the crime, it is deemed that the sentence of the court below sentenced

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.

However, since it is apparent that the phrase “2. Commercial concurrence” and “3. Suspension of Execution” as stated in the judgment of the court below omitted the phrase “Article 53 and Article 55(1)3 of the Criminal Procedure Act,” it shall be added ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure, and shall be subject to suspension of the execution of 3.3.

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