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(영문) 광주지방법원 2016.11.03 2016노1167
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment and two years of suspended execution) of the lower court is deemed to be too untile and unfair.

2. The judgment of the Defendant, while under the influence of alcohol level 0.107%, escaped without taking any and all measures against the Defendant, who dried the crosswalk without signal lights while under the influence of alcohol level 0.107%, and the fact that there was a risk of the secondary accident in light of the time and place of the instant traffic accident, is disadvantageous to the Defendant.

On the other hand, the following conditions are favorable.

Defendant reflects the instant crime.

At the stage of investigation, the defendant does not want the punishment of the defendant by mutual consent with the victim.

In many cases, the degree of injury of the victim is relatively minor.

Vehicles operated by the defendant are covered by a comprehensive motor vehicle insurance.

The defendant is an initial offender who has no record of punishment.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, 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 as it is without merit. It is so decided as per Disposition.

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