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(영문) 수원지방법원 2017.06.14 2017노255

특정범죄가중처벌등에관한법률위반(도주치상)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 (two years of suspended sentence for eight months of imprisonment, and forty hours of participation in community service and law-abiding driving lectures) is too uneased and unreasonable.

2. The judgment of the defendant caused an accident due to drinking driving, and the defendant escaped without any relief measure.

However, in full view of the following: (a) the agreement with the victim was relatively minor; (b) the Defendant was sentenced to a fine on driving alcohol in 2009 due to driving alcohol in 209; (c) there is no other criminal record other than the Defendant; and (d) other various sentencing conditions specified in the argument of the instant case, such as the background of the instant crime; (b) the circumstances after the instant crime; and (c) the Defendant’s age, sexual conduct, and environment, the lower court

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.