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(영문) 춘천지방법원 2014.12.17 2014노264
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 one year and two years of probation, probation, and community service order 120 hours), which the court below sentenced against the defendant, is deemed to be too uneasible and unfair.

2. The crime of this case was committed under the unfavorable circumstances, such as the fact that the defendant escaped without taking necessary measures despite the victim's driver's driver's driver's license due to the defendant's negligence over the center line, without taking any necessary measures. However, in light of the type of crime and degree of damage, etc., the defendant's mistake was recognized and depth was divided into the court, and the defendant reached an agreement with the victim. At the time of the crime of this case, the vehicle operated by the defendant was covered by a comprehensive motor vehicle insurance contract, and the victim was paid approximately KRW 4.6 million from the insurance company, and there was no history of sentence imposed on the defendant. In light of the motive and background leading up to each crime of this case, circumstances after the crime of this case, and other various sentencing conditions as shown in the records, the prosecutor's allegation above 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 ground that it is without merit. It is so decided as per Disposition.

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