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(영문) 수원지방법원 2017.12.22 2017노7786
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (a year and six months of imprisonment) of the lower court is deemed to be too unhued and unfair.

2. The judgment of the defendant committed the crime of this case, such as violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or violation of the Road Traffic Act, etc.) and the violation of the Road Traffic Act, which caused a traffic accident by driving while under the influence of alcohol during the period of repeated crime even though he/she was sentenced to punishment, and attempted to take a retaliation against the other party driver by using the vehicle without any special reason, etc., and the crime of this case is disadvantageous to the defendant.

On the other hand, the circumstances favorable to the defendant include the fact that the defendant is recognized as committing his crime, the fact that the vehicle of the defendant's driver is covered by the comprehensive automobile insurance, the fact that the victims have agreed smoothly with the victims, and the fact that there are family members to support.

Considering the above circumstances and other conditions of sentencing as indicated in the records, such as Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to see that the lower court’s punishment is too uneasible and unfair, given that there is no change of circumstances to be assessed differently from the sentencing conditions of the lower court.

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

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

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