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(영문) 울산지방법원 2015.10.08 2015노816
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (six months of imprisonment, two years of suspended execution, and forty hours of order to attend a course) is too unhued and unreasonable.

2. The judgment of the court below does not recognize that the punishment imposed by the court below is unreasonable, considering the following factors: (a) the defendant, even though the defendant got a considerable injury to the victim due to negligence while driving, and the defendant escaped as it is, and the liability of the crime is not easy; (b) the defendant recognized his criminal act and reflects his criminal act; (c) the defendant voluntarily surrenders to the investigative agency; (d) the part of the damage to the victim is compensated and the victim does not want to be punished by the agreement; (e) the vehicle of this case is covered by a comprehensive motor vehicle insurance; (e) it seems possible to recover certain degree of damage since the vehicle of this case was punished by a fine for drinking at around 2005; and (e) there are no other criminal records other than the defendant's age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime; and (e) the application of sentencing

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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