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(영문) 수원지방법원 2018.09.14 2018노4069
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, observation of protection, and community service order 160 hours) on the summary of the grounds of appeal is deemed to be too uneasible and unreasonable.

2. Each of the instant crimes committed by the Defendant is a situation unfavorable to the Defendant, such as the following: (a) the Defendant destroyed three vehicles in a traffic accident due to drinking driving; (b) the Defendant escaped without taking any measures to inflict an injury on three victims; (c) the nature of the crime of driving again after about three months; and (d) the Defendant was punished for traffic-related crimes, such as drinking driving, etc.; and (c) the Defendant has a record of being punished for such crimes.

On the other hand, the fact that the defendant is against the defendant's wrong recognition, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, the defendant has no record of punishment exceeding the fine due to the traffic-related crime, and there is no record of punishment for a considerable period of time.

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem the lower court’s punishment to be too unfortunate and unfair.

Therefore, the prosecutor's above assertion 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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