beta
(영문) 의정부지방법원 2015.12.18 2015노2847

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (eight months of imprisonment) is too unhued and unreasonable.

2. In light of the judgment, the crime of this case is found to be disadvantageous to the defendant, since the defendant had sustained two traffic accidents while driving under the influence of alcohol, and the crime of this case has been committed in the same criminal record, and the defendant has committed the crime of this case during the period of repeated crime due to this type of crime, and the fact that the victim D and F did not agree with it until now, etc.

However, in full view of the following circumstances: (a) the Defendant recognized the facts of the offense and reflects his mistake; (b) the victim G and I agreed to do so; and (c) the Defendant’s age, character, conduct, intelligence and environment shown in the instant pleadings; and (d) the background, means and consequence of the instant crime; (b) the circumstances after the instant crime; (c) the criminal records; (d) family relationship; and (e) economic circumstances, the sentence imposed by the lower court is deemed to be unreasonable because the sentence imposed by the Defendant is too unreasonable and excessive. Therefore, the Prosecutor’s assertion

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.