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(영문) 창원지방법원 2017.07.20 2017노844
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one hundred months of imprisonment and two years of suspended execution) is too unhued and unfair.

2. The Defendant had a record of punishment (a fine) once every time due to driving under drinking, a violation of the Act on Special Cases concerning the Management of Traffic Accidents, and the Defendant escaped without taking any particular measure despite causing the instant traffic accident. Furthermore, the Defendant was on board the Defendant, who was driving a damaged vehicle due to the instant accident, with a heavy injury requiring four weeks of care, and on board the damaged vehicle together with the damaged vehicle;

In light of the fact that four victims (three of them were young children under six years of age) suffered from injury requiring two weeks of care, and the Defendant received part of the accident in order to conceal the crime after the crime of this case and committed a serious crime, there is a need to strictly punish the Defendant.

However, the court below's decision is reasonable to respect the case where there are no changes in the conditions of sentencing compared to the original judgment, and there are no changes in the conditions of sentencing, and the sentencing of the original judgment does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of various circumstances, the court below's age, environment, sex, motive for the crime, circumstances before and after the crime, etc., as well as various conditions of sentencing as indicated in the records and arguments of this case, are considered as follows: (a) the defendant has subscribed to a comprehensive insurance; (b) the defendant has reached an agreement with all of the victims; (c) the defendant has no criminal record or more of the suspension of execution due to traffic-related crimes; (d) the wife and two children (one university student and one high school student); (c) the defendant's wife are faced with the guidance of the defendant; and (d) the court below's punishment is too unfford.

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