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(영문) 대구지방법원 2015.11.19 2015노533

도로교통법위반(사고후미조치)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (six million won of a fine) is too unhued and unreasonable.

2. The judgment of the Defendant committed the instant crime even though he had the record of being punished for drunk driving.

The crime of this case is not likely to be a crime because the defendant escaped while driving under the influence of alcohol, even though he was involved in the accident.

Since the defendant's blood alcohol concentration is 0.189% high, the defendant's strict punishment is recognized.

However, the defendant recognized the error of the crime of this case and is in profoundly against the defendant, and there is no way to impose any criminal punishment except twice a fine.

The Defendant did not repeat the Defendant’s vehicle while disposing of the Defendant’s vehicle, and agreed with the victim of the instant traffic accident.

In addition, comprehensively considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence of the court below cannot be deemed unfair because it is too uneasible.

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