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(영문) 울산지방법원 2015.12.04 2015노1164
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, 160 hours of community service order, and 40 hours of order to attend a lecture) is too unhued and unreasonable.

2. Although the Defendant had a history of driving under the influence of alcohol twice in this case, the Defendant was causing a traffic accident while driving under the influence of alcohol twice, resulting in the victim’s injury requiring medical treatment for about 8 weeks, and the Defendant’s liability for such crime is not easy, and the degree of injury suffered by the victim is relatively heavy.

However, in full view of the following factors: (a) the Defendant made a confession and reflect on all of his/her criminal acts, (b) the victim was negligent in the occurrence of an accident by neglecting the signal at the crosswalk where signal, etc.; (c) the victim and the lower court agreed smoothly with the victim; (d) the vehicle of this case appears to be capable of recovering certain degree of damage due to the purchase of comprehensive motor vehicle insurance; and (e) the Defendant’s age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime; and (e) the application of the sentencing guidelines of the Sentencing Committee, including the circumstances before and after the crime, etc., it is not recognized that the sentence imposed by the lower court is too unjustifiable and unreasonable.

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

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