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(영문) 수원지방법원 2017.05.12 2016노6732

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution, protection observation, community service order 120 hours, and 40 hours of lectures for alcohol addiction treatment) imposed by the lower court (one year and two months of imprisonment, one year and two months of suspension of execution, two hours of suspension of execution of community service order, and 120 hours of lectures for alcohol

2. The offense of the accused, such as causing a traffic accident by overcoming the center line while driving alcohol, and escape, shall not be deemed to be minor;

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant sells his own vehicle, etc. and reflects his mistake, the defendant has no other punishment force except for a fine imposed once for the same kind of crime, the defendant has paid 4 million won to the victim G, 6 million won to the victim C, and the defendant has agreed to pay 6 million won to the above victims, and the fact that the automobile comprehensive insurance has been purchased on the vehicle involved in the accident, and all of the sentencing conditions of the defendant in this case, such as the defendant's age, sex, environment, motive for the crime, and circumstances after the crime, it is not recognized that the court below's punishment is too unjustifiable and unfair.

Therefore, the prosecutor's above assertion is without merit.

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