beta
(영문) 대구지방법원 2017.02.07 2016노3104

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 (7 million won in penalty) is too unhued and unreasonable.

2. The Defendant, while driving under the suspension period for the purpose of the present main building and the attempted to commit a traffic accident in this case, committed the central line and escaped without taking any measure, and the alcohol concentration in the blood of this case is 0.159% higher than that of the instant blood, and thus, the quality of the crime is not good.

However, in full view of all the sentencing conditions in the records, such as the defendant's age, sex behavior, environment, occupation, and circumstances after the crime, the sentence of the court below is not deemed unfair, and thus it is not deemed unfair, in light of the following: (a) the defendant's facts charged is recognized and the degree of damage is minor; (b) the vehicle of this case is covered by a comprehensive insurance and agreed with the victims; (c) the defendant has no criminal record

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.