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(영문) 대전지방법원 2014.08.27 2014노272
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 5 million won) imposed by the court below on the defendant is too uneased and unreasonable.

2. In the crime of this case, the Defendant, while under the influence of alcohol, driven a vehicle while a bypassing the right side of the vehicle in the middle of the traffic signal at the center line, inflicted an injury on two victims, and destroyed the vehicle on which victims were aboard, and then escaped. The Defendant’s act is disadvantageous to the Defendant, such as: (a) the responsibility for the crime is not less light; and (b) the degree of the accident is very dangerous in light of the form of the accident; and (c) the blood alcohol content was 0.130% in a state of considerable drinking.

On the other hand, the victim's injury due to the crime of this case is relatively minor, the victim's damage is minor, the vehicle operated by the defendant is covered by the motor vehicle comprehensive insurance, and it seems that the above victims' damage can be recovered through this, the defendant is the first offender who has no criminal power, and the defendant suffered a considerable difficulty in the family environment, etc. are favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., the lower court’s sentence is too uneasible and unreasonable, and thus, the Prosecutor’s allegation of unfair sentencing is not acceptable.

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

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