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(영문) 수원지방법원 2017.12.08 2017노5876
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. The judgment of the defendant does not take necessary measures, even though he/she did not cause any obstacle or danger to traffic, while driving alcohol, and the escape is disadvantageous to the defendant.

On the other hand, the fact that the defendant repents his wrong and reflects his wrong, that there is no criminal history against the defendant, and that all physical damage has been recovered due to the automobile comprehensive insurance for the defendant's vehicle is favorable to the defendant.

In addition, when comprehensively taking into account all the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, the lower court’s punishment is deemed unreasonable as it is too uneasible.

Therefore, the prosecutor's above assertion is without merit.

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

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