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(영문) 대전지방법원 2014.07.24 2014노459

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of KRW 10 million) declared by the lower court is too unhued and unreasonable.

2. The judgment of the defendant is that the blood alcohol content at the time of the instant case is 0.108%; the defendant caused an accident in violation of traffic signals while under the influence of alcohol and left the site without taking relief measures; the victim's injury of each of the instant case is recognized as considerable; however, the defendant agreed with all victims; the defendant's vehicle is covered by the comprehensive automobile insurance; the defendant is a primary offender; the university graduates from the university and is an employment preparation worker for job-seeking activities; the defendant is performing faithfully volunteer activities in good faith when he caused a traffic accident; the defendant's age, character and conduct, environment, motive, means and consequence of the crime; and the situation before and after the crime, etc., the sentencing of the court below is judged to be appropriate; and it is not unreasonable to deem it too unreasonable.

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