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(영문) 대전지방법원 2015.11.26 2015노25

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The appeal by the prosecutor is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the fine of KRW 10,00,000) is unreasonable because it is too unfilled.

2. The crime of this case committed by the Defendant while driving under the influence of alcohol without taking any measures to cause a traffic accident and leaving the scene without causing a traffic accident, and the criminal liability is heavy, and the Defendant has been punished for the same kind of crime, and the Defendant committed the crime of this case during the suspension of execution due to this type of crime at a disadvantage.

However, there are extenuating circumstances, such as the fact that the defendant is deeply divided and reflected in the defendant's mistake, the fact that the victims have agreed to do so, and the victims have not been relatively much weighted. In full view of all the sentencing conditions, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence of the court below is too unreasonable to the extent that the sentence of the court below is reversed.

3. The appeal filed by the prosecutor with the conclusion is groundless, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.