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(영문) 수원지방법원 2017.03.22 2016노5778
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 sentence (two years of suspended sentence for one year of imprisonment, and forty hours of lectures to comply with law) is too uneasible and unfair.

2. Determination is an unfavorable circumstance where the Defendant, even though having caused a traffic accident due to drinking alcohol driving, left the scene and there is a high need for punishment, the Defendant has not been agreed with the victims, and the Defendant has two times before driving the same kind of drinking alcohol.

On the other hand, in light of the following: (a) the Defendant deposited part of the money for the victim D and agreed with the victim FF, D, and G, (b) the victim’s injury and damage of the damaged vehicle are relatively less severe; (c) the victim was subject to criminal punishment in excess of a fine; and (d) there was no record of criminal punishment after 2009; and (b) other various sentencing conditions as shown in the instant argument, such as the background of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual behavior, and environment, the lower court’s punishment is too uneasible and unfair, and thus, the prosecutor’s 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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