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(영문) 광주지방법원 2016.11.17 2016노922
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, two years of suspended sentence, two years of probation, two years of social service, 120 hours of probation, 40 hours of a compliance driving lecture) is too uneased and unreasonable;

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of this case committed by the defendant while driving under the influence of alcohol without taking necessary measures, such as providing relief to the victim, even though he/she causes a traffic accident that causes an injury to pedestrians due to the shock of pedestrians, and the crime of this case is deemed to be disadvantageous to the nature of the crime.

The Defendant again committed the instant crime even though he had a history of criminal punishment four times due to drunk driving.

At the time of the instant case, the Defendant’s blood alcohol concentration was 0.161% higher.

There was no agreement with the victim.

On the other hand, the following conditions are favorable.

The defendant reflects his fault.

The injury suffered by the victim is relatively minor even though the injury is injured.

Although a crosswalk exists in the vicinity, it is also responsible for the occurrence of traffic accidents to the victim who crosses the road without permission.

A vehicle operated by a defendant may be covered by a comprehensive motor vehicle insurance and the damage recovery may be made in substantial part.

There is no record of criminal punishment exceeding a fine for the defendant.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, the prosecutor’s assertion is without merit.

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.

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