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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2013.07.17 2013노1801
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, two years of suspended sentence, two years of probation, two years of community service order, 160 hours of community service order, and 40 hours of order to attend a course) is too unfas

2. The crime of this case is deemed to have been committed by the Defendant under the influence of alcohol concentration of 0.184%, resulting in injury to the victim and escape without relief measures. The crime of this case is very heavy, and the Defendant has already been punished once due to the same criminal’s violation of the Road Traffic Act (driving). The fact that the Defendant had a record of being punished once due to the same criminal’s violation of the Road Traffic Act is disadvantageous to the Defendant.

However, considering all the sentencing conditions indicated in the records and arguments of this case, such as the fact that the defendant is against his mistake, the victim's injury is not relatively heavy, and the victim is not subject to the punishment of the defendant by agreement with the defendant, the vehicle of the defendant is covered by a comprehensive insurance policy, and the defendant's age, character, conduct, family environment, motive, circumstance, means, method and consequence leading to the crime of this case, and the circumstances before and after the crime, etc., the prosecutor's assertion cannot be accepted, since the court below's punishment is too 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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