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(영문) 청주지방법원 2014.12.12 2014노796
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The Defendant committed the instant crime during the suspended execution period, even though he/she was sentenced to 8 months of imprisonment on November 22, 2012 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, and 2 years of suspended execution, is disadvantageous to the Defendant.

However, in light of various sentencing conditions indicated in the records, such as the defendant's age, character and conduct, family relation, means and result of the crime, and circumstances after the crime, the court below's punishment (fine 10 million won) cannot be deemed unfair because it is too unreasonable, considering the following circumstances: (a) the degree of injury or property damage suffered by the victims due to the traffic accident in this case is relatively minor; (b) the victims and victims do not want punishment; (c) the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance; (d) the social relation of the defendant is clear; (e) the defendant's family members and his neighbors want to provide guidance to the defendant; and (e) there are family members to support the defendant.

2. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, in the application of the law of the lower judgment, the phrase “1. In the case of detention in the workhouse” under Articles 70 and 69(2) of the Criminal Act is apparent that the phrase “Article 70 and 69(2) of the former Criminal Act” is a clerical error under Articles 70 and 69(2) of the former Criminal Act, and thus, it is apparent that it is a clerical error under Article 25(1) of the Rules on Criminal Procedure. Thus, the ex officio correction

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