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(영문) 서울동부지방법원 2020.11.26 2020노569
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 20 million (a fine of KRW 20 million) is too unhued and unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant without taking necessary measures, such as immediately stopping a traffic accident and providing relief to the victim, and the nature of the crime is inferior, there is a record of punishment for the same kind of crime, and the Defendant committed the crime of this case even during the suspension of execution due to a special injury, and no agreement has been reached with the victims, etc. are disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflected against it, and that there was a state of mental disorder due to cerebral cerebralopia and malquality personality disorder at the time of the crime of this case, and that the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance policy

In addition, in full view of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by taking into account the above normal relationship and the grounds for sentencing alleged by the prosecutor, and there are no special circumstances to the extent that the sentencing is changed ex post facto, so 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.

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