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(영문) 대구지방법원 2017.12.21 2017노3509

도로교통법위반(사고후미조치)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended execution in the month of imprisonment for eight months, forty hours of lectures for compliance driving, and eight hours of social service) is deemed to be too uneasy and unreasonable.

2. In 2007 and 2014, the Defendant caused the instant accident while driving again under the influence of alcohol despite the fact that the Defendant had been punished for driving under the influence of alcohol. The Defendant destroyed the damaged vehicle and escaped without taking any measures.

However, in full view of all the sentencing conditions in the records, such as the fact that the defendant recognized the crime and reflects the fact that there is no previous conviction in addition to the fine, the fact that the damaged vehicle was restored, and other factors of sentencing as indicated in the records, such as the defendant's age, sex, environment, circumstances leading to the crime, and circumstances after the crime, it is not recognized that the sentence of the court below is too una

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.