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(영문) 의정부지방법원 2018.01.18 2017노1605

도로교통법위반(음주운전)등

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfasible and unfair.

2. The judgment of the Defendant is recognized as having caused an accident that damages another person’s car while driving in a drinking state, leaving the scene, and the Defendant had two times the same criminal records due to driving under drinking after 2009.

However, the defendant led to the confession of crimes and reflects the wrongness.

The defendant paid compensation to the driver who suffered damage at the investigation stage, and the defendant's vehicle is covered by a comprehensive insurance.

In addition, the accident of this case did not cause personal injury.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too unfeasible and unfair.

Therefore, prosecutor's 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.