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(영문) 창원지방법원 2017.02.09 2016노2836
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment and two years of suspended sentence) on the defendant is too unfasible and unfair.

2. In the case of each of the instant crimes, the Defendant driven a vehicle with alcohol level of 0.208% in her blood alcohol level, and escaped without taking necessary measures to remove a traffic accident accompanied by physical damage, following the occurrence of another damaged vehicle by taking another damaged vehicle in the future and resulting in the injury of 2 weeks or 10 days in front to 3 victims. Thus, considering unfavorable circumstances such as the nature of the crime and the scope of damage, there is no need to punish the Defendant.

On the other hand, the fact that the defendant led to the confession of the facts of the crime and reflects on the fact of the crime, and that the victim does not want the punishment against the defendant by entering into an agreement with the victims separately, and that the defendant is the first offender who has no record of punishment, etc. should be considered in light of the circumstances favorable to the defendant.

In addition, the lower court did not recognize that the sentence against the Defendant was too unafford, and that there was no special change in the judgment of the Defendant in light of the overall circumstances, and all other circumstances that form the conditions for sentencing as shown in the records and arguments of the instant case, including the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that it is without merit, and it is so decided as per Disposition (Provided, That the prosecutor revises "Article 148-2 (2) 2 of the Road Traffic Act" as "Article 148-2 (2) 1 of the Road Traffic Act" in the provisions of the Act applicable to indictment at the trial of the party, and the decision of the court below is made in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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