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(영문) 수원지방법원 2015.05.22 2014노5652

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 punishment (one year of imprisonment with prison labor, three years of probation, two years of probation, and 320 hours of community service order) is too unhued and unreasonable.

2. The crime of this case is deemed to have caused an accident while driving under the influence of alcohol or without a license, and the nature of the crime is poor. The fact that the defendant has been punished for drinking and without a license only two weeks since the person committed the crime of escape as above, and that the defendant has the record of being punished for driving under drinking on several occasions, etc., which are disadvantageous to the defendant, or the fact that the defendant is against the defendant's recognition of the crime, the degree of damage to the escape crime of this case is relatively minor, the damage of the defendant's escape crime of this case is relatively minor, and the defendant's disposal of the vehicle, etc. does not repeat again, and it is deemed that the court below's punishment is too unjustifiable, and thus, it is deemed that the defendant's punishment is too unreasonable. Thus, the prosecutor's allegation of unfair sentencing 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 ground that it is without merit. It is so decided as per Disposition.