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(영문) 광주지방법원 2015.08.11 2014노2310
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (six million won of a fine) is too unhued and unreasonable.

2. In full view of all the factors, such as the fact that the Defendant driven a vehicle under the influence of blood alcohol level of 0.207% at the time of the instant crime, the Defendant fleded and escaped from the vehicle under the stop, and there is no record of criminal punishment; the elements of sentencing that there is no record of criminal punishment; the victims have agreed with the victims; the victims’ injury is a favorable factor of sentencing; and other factors, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; and the circumstances after the commission of the instant crime, etc., which are the conditions of sentencing as indicated in the instant records and arguments, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime. It cannot be deemed unfair for the lower court’s sentence against the Defendant to be too uneas

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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