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(영문) 광주지방법원 2015.11.17 2015노1546
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, 80 hours of community service, and 40 hours of attending the compliance driving course) is too unhued and unreasonable;

2. In full view of the following factors: (a) the Defendant committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2012; (b) once he/she was sentenced to a suspended sentence of one year; (c) again, there was a history of having been sentenced to a two-year grace period; and (d) the Defendant escaped from the instant accident; (c) the Defendant driven a vehicle not covered by mandatory insurance in the state of non-licensed license; (d) the elements of disadvantageous sentencing, such as the Defendant’s payment of KRW 7 million to the victim; and (e) the victim’s injury did not focus on the light of the trend that requires one-half week medical treatment; and (e) other favorable sentencing factors, such as the Defendant’s age, character and conduct, and environment, and the scope of recommended sentences of sentencing guidelines (one-month imprisonment and three-month imprisonment) are deemed unreasonable.

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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