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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2014.08.13 2014노295
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a term of one year, two years of suspended sentence, probation, and community service order) of the lower court against the Defendant is too unfased and unreasonable.

2. In the instant crime, the Defendant’s negligence in the course of driving a vehicle without a driver’s license, resulting in a traffic accident, resulting in injury to two victims, and the Defendant’s escape as it is after destroying the vehicle on board the victims, and the Defendant has the same criminal records and two different criminal records of the same kind of fines, which are disadvantageous to the Defendant.

On the other hand, the fact that the defendant is divided into his mistake and reflects it, the injury of the victims caused by the crime of this case is relatively minor, the damage of the vehicle is also minor, the damage of the victims seems to have been most recovered through the insurance company under which the defendant entered into a contract, the fact that the defendant deposited money for the victims, and the fact that the defendant is economically difficult, etc. are favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., the lower court’s sentence is too uneasible and unreasonable, and thus, the Prosecutor’s allegation of unfair sentencing is not acceptable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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