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(영문) 서울중앙지방법원 2016.10.13 2016노1838

특정범죄가중처벌등에관한법률위반(도주차량)등

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for 10 months, 2 years of suspended sentence, 120 hours of community service, 40 hours of law-abiding driving lecture) that the court below sentenced the defendant is too uneasible and unfair.

2. In light of the various circumstances, including the following: (a) the Defendant’s vehicle driving in the front while driving the vehicle and driving the vehicle, which led to the occurrence of a drunk driving without relief measures; (b) the quality of the crime is inferior, such as the Defendant’s escape without recovery of damage or agreement; (c) the Defendant is recognized and against the Defendant; (d) the Defendant’s vehicle is covered by a comprehensive insurance; and (e) the Defendant has no record of being punished or punished beyond the fine for traffic-related crimes; and (e) the Defendant’s age, environment, character and conduct, motive for the crime, and circumstances before and after the crime, etc., which are the conditions for sentencing as shown in the instant records and arguments, the Prosecutor’s assertion is not acceptable, on the ground that the sentence imposed by the lower court is too unreasonable.

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.