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(영문) 부산지방법원 2014.12.26 2014노3591
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of eight months in imprisonment with prison labor imposed by the court below on the defendant and the sentence of two years in suspended execution is too unhued.

2. It is acknowledged that each of the instant crimes committed by the Defendant, without mandatory insurance, entered the victim's D driver's vehicle that had been parked in the intersection by failing to perform his/her duty of care before driving a motor vehicle, and passed the intersection due to his/her failure to obtain the victim's F driver's vehicle that was parked in the corner due to the shock, and at the same time, it is difficult for the victim D to obtain a victim's F driver's vehicle that was parked in the corner, and at the same time, the victim's vehicle that was damaged by the victim's vehicle and escaped even if it was destroyed by the victim's vehicle, and there is a record of punishment more than 10 times due to the vehicle accident, drinking, unlicensed driving, etc. before the traffic accident.

However, in full view of the following circumstances: (a) the Defendant recognized each of the crimes in this case, thereby against his mistake; (b) the degree of damage is relatively minor; and (c) the victims have agreed with the victims to punish the Defendant; and (d) the Defendant’s age, environment, occupation, family relationship; (b) circumstances leading to each of the crimes in this case; and (c) circumstances leading to the sentencing conditions indicated in the record, such as the circumstances after the crime, etc., the lower court’s punishment is deemed unreasonable.

Therefore, prosecutor's assertion is without merit.

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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