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(영문) 대구지방법원 2016.12.08 2016노1967
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant did not drive under the influence of alcohol.

B. The prosecutor’s sentence of the lower court (one year of imprisonment, two years of probation, 80 hours of community service order, 40 hours of order to attend a lecture, etc.) is too uneasible and unreasonable.

2. Determination:

A. In light of the evidence duly admitted and examined by the lower court regarding the Defendant’s assertion, the lower court’s determination that found the Defendant guilty of the instant facts charged is justifiable. Therefore, the Defendant’s allegation of erroneous determination of facts

B. As to the prosecutor’s assertion, the Defendant, while driving under the influence of alcohol content 0.168% by blood alcohol concentration, did not rescue the victim while causing a traffic accident, and escaped without recognizing the instant facts charged, does not seem to have any way contrary to the instant facts charged.

However, in full view of the following: (a) the Defendant was punished once more than 25 years prior to the violation of the Road Traffic Act; (b) there is no criminal force, and there is no significant degree of damage caused by the instant traffic accident; and (c) the Defendant’s vehicle driving is covered by comprehensive insurance; and (d) the Defendant was recovered from damage due to the purchase of a comprehensive insurance policy; and (e) all other sentencing conditions indicated in the records, including the Defendant’s age, character and conduct, environment

3. As such, the appeal by the defendant and the prosecutor is without merit. Thus, 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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