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(영문) 서울중앙지방법원 2015.11.26 2015노3998
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unfilled and unreasonable.

2. The instant crime was committed by the Defendant while driving under the influence of alcohol, resulting in an injury to the victims of the instant accident while the Defendant was involved in the accident, and the Defendant escaped while destroying and damaging a car, and thus the relevant crime is not good. Therefore, the Defendant’s strict punishment needs to be sentenced.

However, the Defendant is a primary offender, and the Defendant voluntarily surrenders to the police for two hours after having left the scene after committing the crime, and showed the attitude of seriously reflecting the crime from the beginning of the investigation, including the Defendant’s age, character and conduct, environment, and circumstances after committing the crime, etc., even if considering the above circumstances, it cannot be said that the Defendant’s fine imposed on the Defendant is too uncomfortable and unreasonable even if considering the above circumstances, even if it is considered as unfair.

The prosecutor's assertion is without merit.

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

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