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(영문) 수원지방법원 2018.07.06 2018노1284
특정범죄가중처벌등에관한법률위반(도주치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (three years of imprisonment, four years of suspended execution, and 120 hours of community service order) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. In light of the circumstances favorable to the Defendant, the lower court determined the Defendant’s punishment by taking into account the following factors: (a) the Defendant, under the favorable circumstances to the Defendant, was gire and reflects the instant crime; (b) the vehicle operated by the Defendant was subscribed to a mutual aid association of the Korea Trucking Transport Business Association; (c) the Defendant was smoothly agreed with the bereaved family members; (d) the Defendant did not have a criminal record of imprisonment with prison labor; (c) the Defendant did not have a criminal record due to the violation of traffic regulations except for a crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents in 193; (d) the Defendant was in the place where the Defendant should support his family; and (e) the social relationship is clear; and (e) the Defendant escaped without taking any measures even if the Defendant caused the instant accident to cause the death of the victim; and (e) the Defendant was in the form of releasing the blood trace after the accident, taking into account the Defendant’s age, sex, career, background, circumstances of the crime, and circumstances after the crime.

As above, the sentencing of the court below appears to have been conducted within the reasonable scope by fully taking into account the above conditions of the sentencing, and there is no special change in circumstances that can be assessed differently from the sentencing conditions of the court below up to the appellate court, and it is difficult to view that the sentence of the court below is unfair because it is too uneas

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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