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(영문) 청주지방법원 2015.04.30 2015노108
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended sentence, two years of probation, community service order 200 hours, and 40 hours of order to attend a compliance driving lecture) of the lower court is too uneasy and unreasonable;

2. The circumstances unfavorable to the defendant are as follows.

The Defendant did not take any relief measures, even though he did not cause a traffic accident due to the negligence of harming the central line while driving under influence, resulting in an injury to the victim.

As long as the driver's license of a motor vehicle was revoked due to drinking, the defendant repeated the driver's license of a motor vehicle, and the blood alcohol concentration was significantly high.

The conditions favorable to the defendant shall be as follows:

The defendant has caused a traffic accident and escaped contingently without clearly recognizing it.

The damage of a victim is minor.

The defendant's vehicle has been covered by the comprehensive automobile insurance, and most of the damage has been recovered, and the victim did not want the punishment of the defendant in the investigation agency.

In addition to the fine imposed by the violation of the Road Traffic Act in 1997, the defendant has faithfully been under the workplace life without the record of criminal punishment prior to the crime of this case.

After committing the instant crime, the Defendant disposed of the vehicle and did not commit the same kind of crime again.

There are minor children who are to be supported by their wife and deceased and alone two years before the defendant is about two years.

In full view of the various circumstances surrounding the above defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, and all the sentencing conditions shown in the records and arguments of this case, it does not seem to be sufficient that the defendant's family relationship and social relationship should be severed and isolated from society, and the sentence of the court below is too unjustifiable and unreasonable.

The prosecutor's assertion is not accepted.

3. Conclusion.

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