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(영문) 수원지방법원 2017.06.07 2016노7444
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for one year of imprisonment, 120 hours of community service order, and 40 hours of lecture for compliance driving) by the court below is too unfasible and unreasonable.

2. The judgment of the accused has been punished several times in relation to violent acts, and even though the Defendant was under the influence of drinking on May 21, 2016, caused contact by driving in the drinking condition, and escaped, and then, the victims who inferred the accident by driving a motor vehicle, and refused to take a drinking test while assaulting the dispatched police officer, the nature of the crime is not weak.

However, the defendant repents and reflects his mistake, the defendant has no history of punishment exceeding the fine in relation to traffic-related crimes, such as drinking driving, etc., and the accident vehicle is covered by the comprehensive motor vehicle insurance, so it is possible to recover some damage.

When comprehensively taking into account the circumstances favorable to the defendant, such as the fact that the victims and the degree of injury are relatively not serious, and all of the sentencing conditions indicated in the instant case, such as the defendant’s age, sex behavior, environment, background of the crime, and circumstances after the crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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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