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(영문) 대전지방법원 2015.04.16 2014노2145
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended execution) of the lower court against the Defendant is deemed to be too uneasible and unfair.

2. The defendant's blood alcohol content at the time of the instant case is relatively high 0.122%, and the defendant is sentenced to a fine on several occasions due to drinking, driving without a license, etc., but it is recognized that there are no criminal records above the suspension of execution, victims' injury, vehicle of the defendant's driving is relatively light, and the defendant's vehicle is covered by a comprehensive automobile insurance, and there are circumstances to consider that the defendant stops on an emergency, etc. at a distance of about 700 meters which can be found as the ground after the escape from the accident site, and that the defendant is arrested, and it seems that the defendant recognizes his own crime and makes the best efforts to avoid drinking driving, etc., and other factors such as the defendant's age, character and behavior, environment, motive, means and result of the crime, and the scope of recommended sentencing by the Sentencing Committee of the Supreme Court after the crime, etc., the prosecutor's assertion that the judgment of the lower court is too unreasonable, and thus, 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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