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(영문) 의정부지방법원 2015.05.12 2014노3036
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, suspended execution for two years, and 80 hours during the compliance driving course) of the lower court is deemed unreasonable.

2. Determination

A. The Defendant received juvenile protective disposition on August 16, 2007 due to a licenseless driving on December 20, 2013, and was sentenced to a fine of KRW 2.5 million due to a drunk driving on December 20, 2013. Nevertheless, the Defendant, while driving a motor vehicle at once, she invadeds the central line and caused a traffic accident, and left the site without training the scene of the accident, etc. are disadvantageous to the Defendant.

B. However, in full view of various circumstances, such as the confession of the instant crime, the Defendant’s depth is divided, the Defendant agreed with the victim, the degree of leaving the scene of the accident is not much serious, and the Defendant’s age, details of the instant crime, and circumstances after the commission of the crime, etc., the lower court’s punishment is too uneasible and unreasonable.

C. 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 as it is without merit. It is so decided as per Disposition.

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