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(영문) 청주지방법원 2013.07.19 2013노180
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. As to the grounds of appeal, the crime of this case is an unfavorable circumstance to the defendant, even though the defendant had been sentenced to imprisonment for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes in around 191, and was sentenced to three times a fine due to a drunk driving, while driving a motor vehicle under the influence of alcohol and causing death or injury to the victims walking along the road without any rescue measures even though he did not take any rescue measures, and the crime of this case is committed against the defendant.

However, considering the Defendant’s depth, depth, and reflects the instant crime; the victim E’s bereaved family members and the victim’s injury who died due to the instant crime are not punished in the victim’s side by mutual consent; the Defendant’s vehicle covered by a comprehensive insurance policy; the victim E’s bereaved family members or the victim F would be able to receive insurance money; the Defendant’s age, character, career, environment, and the background and consequence of the instant crime; and all sentencing conditions specified in the instant records and arguments, such as the Defendant’s age, character, behavior, career, and environment; and the circumstances after the instant crime, are considered, it is not unreasonable to deem that the lower court’s punishment (a prison term of three years, five years, five years, 180 hours of community service, and 40 hours of compliance driving) is too unreasonable.

2. 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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