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(영문) 대전지방법원 2015.10.29 2015노1308

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 6 million won) of the original judgment is unreasonable, because it is too uneasible.

2. The crime of this case committed by the Defendant without taking necessary measures to keep the traffic accident in the state of drinking, and the liability for the crime is not less severe, while the Defendant had already been punished once due to drinking driving, the Defendant committed each of the crimes of this case at the same time, and the Defendant’s blood alcohol concentration at the time of drinking driving is 0.116% higher than the depositary.

However, there are extenuating circumstances, such as the fact that the defendant generally reflects the defendant's mistake, and there is no criminal punishment except for the punishment imposed one time due to a drunk driving, that the defendant sought the defendant's wife, that the victim D seeks the defendant's wife, that the defendant's driver's vehicle is covered by comprehensive insurance with the victim D, that the victim D was not injured, that the victim D was not injured at the time of the traffic accident in this case, that the change of the vehicle line did not turn on the direction of the victim D at the time of the traffic accident in this case, and that it is somewhat responsible for the occurrence of the traffic accident, and that the family members of the defendant want the defendant's wife, and that the defendant's wife wanted the defendant's wife's wife, and that all the sentencing conditions such as the defendant's age, character, environment, motive, means and result after the crime, etc. are too unjustifiable enough to reverse the sentence of the court below.

3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per Disposition.