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(영문) 광주지방법원 2014.03.20 2014노303

특정범죄가중처벌등에관한법률위반(도주차량)등

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The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that of the lower court’s imprisonment with prison labor for not less than ten months, which is deemed to be too unhued and unreasonable.

2. The judgment of the defendant has been punished for the same kind of crime in 2008 by the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2008, by being punished by the fine of 3 million won for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2013, and by being punished by the fine of 5 million won for the drunk driving in 2013, the victim F was injured by the victim F, and the damaged vehicle suffered the injury requiring 12 weeks medical treatment, and the degree of damage such as scrapping is heavy, the blood alcohol concentration is higher than 0.248%, and

However, in light of the favorable circumstances such as the fact that the Defendant seems to have recognized and reflect his mistake, the fact that the piracy vehicle purchases a comprehensive insurance policy, and all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, character and conduct, environment, the background and result of the instant crime, etc., the prosecutor’s above assertion is without merit, since the lower court’s punishment is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.