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(영문) 대전지방법원 2013.06.20 2013노373

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment, two years of suspended execution, and 80 hours of community service order) is deemed to be too unhued and unreasonable.

2. The judgment of the court below is just after the defendant caused a traffic accident while driving alcohol at the time of the crime of this case, resulting in an injury to the victim D without any relief measures, and then resulting in an injury to the victim F, who walked on the crosswalk, and the nature of the crime is very heavy. The defendant is recognized as having a record of being punished for drinking driving even around March 2004. On the other hand, the defendant led to the confession of each of the crimes of this case and reflects it, the defendant agreed with the victims, the vehicle insurance is covered by comprehensive insurance, and all other sentencing conditions such as the defendant's age, character and conduct, circumstances after the crime, etc. are reviewed. Thus, the 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 ground that it is without merit. It is so decided as per Disposition.