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(영문) 의정부지방법원 2013.11.14 2013노1941
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty (six million won of a fine) of the lower judgment is too unfied.

2. The judgment of the court below is acknowledged that the defendant had been punished several times for the same kind of crime; the defendant was sentenced to a stay of one year in prison without a driver's license and again committed the crime of this case during the grace period of two years; however, the defendant was found to have committed the crime of this case; the defendant was dissatisfying the defendant's vehicle while committing the crime; the defendant scrapped the vehicle; the defendant was dissatisfying the vehicle; the defendant's place of residence is 15 years prior to the remodeling of the plastic house; the defendant was living together with 1st degree of 1st degree of intellectual disability after his spouse's separation; the defendant's life was prevented if the defendant is detained; the defendant's health condition was not good; the defendant's repair of damaged vehicle through an insurance company; and the defendant's efforts was made to recover damage, such as the defendant's age, character and environment; and the circumstances of the defendant's occupation and behavior; and it is unreasonable to impose punishment in this case.

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.

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