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(영문) 수원지방법원 2018.07.06 2018노1206

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (six months of imprisonment, two years of suspended execution, and 80 hours of community service order) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. The crime of this case is deemed to have escaped without taking necessary measures to inflict injury on the victim while driving under influence of alcohol, and the nature of the crime is not good, the crime of this case was committed despite the fact that the defendant had been punished once due to the crime of driving under influence of alcohol, and the fact that the defendant did not agree with the victim is disadvantageous to the defendant, or the defendant is deemed to have committed the crime, the degree of injury of the victim is excessive, the vehicle of the defendant was covered by the comprehensive motor vehicle insurance, the vehicle of the defendant was covered by the comprehensive motor vehicle insurance, and the sentencing conditions indicated in the record, such as the defendant's age, occupation, sexual behavior, environment, etc. do not seem to be unfair because the court below's punishment is too uneasible, considering the circumstances favorable to the defendant, other favorable to the defendant, such as the defendant's age

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.