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(영문) 대구지방법원 2014.12.04 2014노1868
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to eight months of imprisonment, two years of suspended execution, and forty hours of attending the law-abiding class) declared by the court below is too unfasible and unfair.

2. The Defendant committed the instant crime again with the record of being punished by a fine for three times due to drinking driving and one time due to driving without a license.

The crime of this case committed by the defendant while driving without a license and resulting in a traffic accident and caused the victim's injury requiring medical treatment for about two weeks, as well as failing to take necessary measures even after destroying the damaged vehicle, and the quality of the crime is not weak.

However, the defendant has no record of criminal punishment exceeding a fine due to the same criminal act, and the defendant does not repeat the crime by reflecting his depth of the crime.

The degree of the victim's injury is relatively minor, and the defendant's driver's vehicle has subscribed to liability insurance.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence imposed by the court below cannot be deemed unfair because the sentence imposed by the court below is too uneasible.

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. It is so decided as per Disposition.

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