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(영문) 수원지방법원 2017.10.27 2017노4181

특정범죄가중처벌등에관한법률위반(도주치상)등

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The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of 160 hours) is too uneased and unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, such as the following: (a) the defendant was driving while driving a vehicle while driving on the road while driving the vehicle while driving on the road; (b) the two victims are injured; and (c) the victim did not damage the damaged vehicle and failed to take relief measures, etc.; and (d) the nature of the crime is relatively high; (b) the defendant’s blood alcohol concentration level is relatively high; (c) the defendant was punished for the crime of drinking alcohol driving; and (d) the fact that the defendant did not agree with the victims.

On the other hand, the fact that the defendant is against the defendant's wrong recognition, the defendant has no specific penalty power in addition to the one-time fine punishment, the victim's injury is relatively minor, and the vehicle of the defendant is covered by the comprehensive motor vehicle insurance is favorable to the defendant.

Considering the above circumstances and the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem that the lower court’s punishment is too uneasible 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.