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(영문) 광주지방법원 2016.11.10 2016노1122
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 imprisonment (eight months of imprisonment, two years of suspended execution, and forty hours of attending the law-abiding driving course) is too unhued and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

In 2003 and 2004, the defendant was sentenced to a suspended sentence due to the crime of violation of the Road Traffic Act (not taking measures after accidents) in 2014 due to the drinking driving.

Furthermore, even before the previous day of the instant case, driving under the influence of alcohol concentration of 0.127% and controlling the police without any distance, the instant traffic accident causing damage to two victims while driving under the influence of alcohol on the next day without any distance, and causing damage to the damaged vehicle, and without taking necessary measures, such as aiding the victims after the accident, and thus, the nature of the crime is bad.

At the time of the instant case, the Defendant’s blood alcohol concentration was 0.156% higher.

On the other hand, the following conditions are favorable.

No injury suffered by victims is severe.

The victims and victims do not want to punish the defendant by mutual consent.

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

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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