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(영문) 대전지방법원 2015.10.15 2015노2322
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 10 months, 2 years of suspended execution, and 40 hours of community service order) of the lower court against the Defendant is deemed to be too uneasible and unfair.

2. The crime of this case is a case where the defendant suffered a considerable damage to several victims due to an accident involving a taxi driven by the victim D, and the crime of this case was committed in an unfavorable circumstance, and the nature of the crime is not good.

However, in full view of the following factors: (a) the Defendant led to the instant crime and reflects his mistake; (b) the Defendant did not have been sentenced to a suspended sentence or heavier punishment; (c) the Defendant’s driver’s vehicle is covered by a comprehensive motor vehicle insurance; (d) the Defendant’s driver’s vehicle was covered by a comprehensive motor vehicle insurance; and (e) the Defendant’s vehicle was submitted by mutual consent with the victim F and the Defendant was deposited KRW 50,000 for the victim H; and (e) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the commission of the instant crime; and

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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