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(영문) 대구지방법원 2016.10.05 2016노650
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment with prison labor, two years of probation, 80 hours of community service, and 40 hours of compliance driving lectures) of the court below is deemed to be too uneasy and unfair.

2. It is recognized that the judgment of the defendant has the criminal records of punishment of a fine twice due to drinking driving and a fine for one time due to a non-licensed driving, and that the nature of each of the crimes of this case is very rough and bad, and that it is not agreed with the victim E.

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) there is no criminal history heavier than a fine; (c) the victim’s injury is not severe; (d) the victim’s injury is agreed with all the victims except the victim E; (c) the vehicle is covered by the comprehensive motor vehicle insurance; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of each of the instant crimes; and (e) all of the sentencing conditions specified in the argument of the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is too unjustifiable and unreasonable.

Therefore, prosecutor's assertion is without merit.

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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