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(영문) 대구지방법원 2018.05.03 2017노4867
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentencing (two years of suspended sentence of October, community service work hours, and forty hours of lecture of compliance driving) on the gist of the grounds of appeal is deemed unreasonable because it is too unfasible.

2. The Defendant, despite having committed a traffic accident, did not take measures such as aiding and abetting victims, and did not receive a letter from the victims.

However, the vehicle operated by the defendant is covered by a comprehensive insurance, and the defendant has no record of the same crime except that sentenced once to a fine due to a violation of the Road Traffic Act.

In addition, comprehensively taking account of the following circumstances: Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, etc.; and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentencing of the lower court is not unfair.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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