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(영문) 서울동부지방법원 2014.05.30 2014노282

특정범죄가중처벌등에관한법률위반(도주차량)등

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of suspended sentence for one year of imprisonment, and two years of community service order and order to attend lectures) is too unhued and unreasonable.

2. The judgment of the court below is that each of the crimes of this case committed by the defendant while driving a car while under the influence of 0.2% alcohol level without a driver's license with due diligence and with the course of change of the taxi article and passengers, and the defendant escaped without any relief measures, etc. even though the repair cost was damaged by a taxi with approximately eight million won, and the crime's quality and criminal situation are considerably not good, and the defendant has been fined twice due to drinking driving. However, there are some unfavorable circumstances to the defendant, such as the defendant's negligence, the degree of injury of the victims of the traffic accident of this case is not excessive. The defendant agreed that the victim D who is a taxi engineer in the court below only agreed with the victim D and the victim F will be compensated for such damage through liability insurance, the defendant cannot be punished by imprisonment with prison labor for the same kind of crime as above, and the defendant cannot be punished by imprisonment with prison labor or more severe punishment since he had no other favorable motive for the crime of this case.

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.