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(영문) 대전지방법원 2020.11.04 2019노1998
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in light of the following: (a) the Defendant, who was punished for the violation of the Road Traffic Act due to the drinking driving as in this case, was under the influence of alcohol while driving while under the influence of alcohol, and the nature of the crime such as the escape without taking relief measures even though he did not cause the traffic accident; and (b) the level of blood alcohol concentration is considerably high and there is a social consensus on the necessity of the strict punishment for the drinking driving; (c) the sentence of the lower court (one year of imprisonment, two years of suspended execution, and forty hours of order to attend a course) is deemed to be too unreasonable.

2. We examine the judgment on the grounds of appeal, and the above circumstances alleged by the prosecutor are deemed to have been sufficiently considered in the court below’s determination of the punishment at the court below. Moreover, considering the following factors: (a) the defendant committed the crime in this case and committed the crime in depth; (b) there was no past record of punishment exceeding a fine due to a violation of the Road Traffic Act due to driving without a license for drinking alcohol; and (c) the victim’s injury is relatively minor and the vehicle is being covered by a comprehensive motor vehicle insurance, the sentencing of the court below is too small and so it does not seem to have exceeded the reasonable scope of discretion.

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

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