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(영문) 부산지방법원 2020.11.26 2020노1967
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the court below (the fine of KRW 15,00,000) on the gist of the grounds of appeal is deemed to be too unhued and unfair.

2. If there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

In light of the records of this case and all of the sentencing conditions indicated in the oral proceedings, including the fact that there is no change of circumstances to consider the sentencing after the judgment of the court below, and the defendant runs away without taking relief measures despite having suffered injury to the victim by causing a traffic accident while driving under influence of alcohol, and the nature of the crime was poor, the victim D's injury was relatively minor, the victims agreed with the victims, and the victims wanted to have the Defendant's wife, and thus, the sentencing of the court below is too unjustifiable.

Therefore, the prosecutor's assertion of unfair sentencing 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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