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(영문) 광주지방법원 2018.01.11 2017노1290
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended execution, one year of observation of protection, one of 120 hours of community service, and forty hours of lecture of compliance driving) on the summary of the grounds of appeal is deemed to be too unfasible and unfair.

2. The point that the degree of injury of the victim is not provided to him/her is disadvantageous to the defendant.

However, if the defendant is a primary offender, the victim is negligent to a certain extent in the occurrence of the instant traffic accident, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, the defendant's vehicle is smoothly agreed with the victim, the defendant recognizes and reflects his/her fault, and other circumstances shown in the argument of the instant case, such as age, sexual conduct, environment, motive and consequence of the crime, and circumstances after the crime, are taken into consideration equally, the court below's punishment is not deemed to be unfair because the defendant's punishment is too uneasible. Accordingly, the prosecutor's assertion is rejected.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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