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(영문) 서울중앙지방법원 2017.05.11 2016노4749
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unfilled and unfair.

2. The crime of this case was committed by the Defendant while driving a vehicle under influence of alcohol by neglecting his/her duty at the front time while driving the vehicle, resulting in injury to the taxi driver and the victims, who are passengers, each of whom needs to be treated for three weeks at the front time by shocking the damaged taxi during the signal at the front time, and at the same time, destruction of the vehicle and escape from the back, and the nature of the crime is not good. The blood alcohol concentration at the time of the crime of this case was not lower than 0.07%, and the Defendant was sentenced to a suspended sentence of 10 months on May 14, 2015, which was sentenced to a two-year imprisonment with prison labor for fraud, etc. and the sentence was finalized on May 22, 2015, and is currently being suspended.

However, the fact that the defendant recognized the crime of this case, there is no criminal history of the same kind, the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance and agreed with the victim H, although not taking measures such as aiding the victims, it is favorable to the defendant.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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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