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(영문) 창원지방법원 2017.06.08 2017노201

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two years of imprisonment and three years of suspended sentence) is too unfasible and unfair.

2. Although the defendant had the power of punishment once as a drinking driver(s) and caused a traffic accident while driving a drinking, there are circumstances unfavorable to the defendant, such as the following: (a) the defendant's blood alcohol concentration at the time was high by 0.111%; (b) the defendant's victim D who was a victim of a crosswalk that does not have a signal, etc., was faced with an injury; and (c) the defendant escaped in the course of driving another vehicle that was harming the defendant; (d) the victim D was able to escape again; and (e) the victim D suffered a heavy attention of 10 weeks, such as the victim D's upper part on the right shoulder; and (e) the victim D suffered a heavy attention of 10 weeks, such as the upper part on the right shoulder.

However, in full view of the following circumstances: (a) the Defendant acknowledges and reflects all of the crimes; (b) the Defendant paid the victim D the amount of KRW 12 million as agreed upon; (c) the victim did not want to be punished by the Defendant; (d) the victim E’s physical damage was recovered; and (e) there was a family member to support the Defendant; and (e) other circumstances, including the Defendant’s age, environment, sex behavior; (e) the process of the crime; and (e) the circumstances before and after the crime, etc., the sentence imposed by the lower court is too unjustifiable and unreasonable.

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.