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(영문) 전주지방법원 2020.05.28 2020노284
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 12 million (a fine of KRW 12 million) is too unhued and unreasonable.

2. The judgment of the court below is a serious criminal whose possibility of traffic accident is high, which may cause unexpected behaviors to the life and home of others, and whose blood alcohol level of the defendant was relatively high at 0.14% at the time of the crime of this case. The defendant escaped without taking necessary measures even after destroying the telegraph support unit on the road due to the crime of drinking driving in this case. The defendant escaped on April 23, 2013. The defendant committed a crime of violation of the Road Traffic Act of 0.08% with blood alcohol level at the Jeonju District Court on April 23, 2013. The summary order of KRW 1.5 million is a summary order of the defendant on November 19, 2013. The above crime of violation of the Road Traffic Act of 0.097% with blood alcohol level at the same court, which is disadvantageous to the defendant as the above crime of violation of the Road Traffic Act of this case, such as punishment of the victims of the same kind of crime of injury and the above violation of the Road Traffic Act.

However, in full view of the following facts: (a) the Defendant is divided into and against the instant crime; (b) the Defendant has no record of criminal punishment since 2014; and (c) the Defendant’s age, character and conduct, environment and other sentencing conditions, the lower court’s punishment cannot be deemed to be too uneasible and unreasonable.

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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