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(영문) 서울중앙지방법원 2016.12.01 2016노2606
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for 10 months, 2 years of suspended sentence, 160 hours of community service order, 40 hours of order to attend a compliance driving lecture) that the court below sentenced is too uneasible and unfair.

2. The court below did not have any special circumstances to change the sentence imposed by the court below in addition to the unfavorable circumstances considered by the court below (the crime of this case was committed by the defendant who continuously escaped while the defendant escaped while suffering from patrol and traffic accident, and the nature of the crime is inferior, and the blood alcohol concentration of the defendant is not low as 0.169%) and favorable circumstances (the defendant has no record of criminal punishment for the first offense, reflects the crime, subscribe to a motor vehicle comprehensive insurance), and taking into account all other circumstances that form the conditions for sentencing as shown in the records, such as the defendant's age, character and behavior, environment, and circumstances after the crime, it is not unreasonable to deem that the sentence imposed by the court below is too unafford.

The prosecutor's assertion of unfair sentencing is without merit.

3. The prosecutor's appeal of conclusion is without merit, and 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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