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(영문) 서울중앙지방법원 2017.06.08 2016노5047
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (two years of suspended sentence in October and forty hours of attending a compliance driving lecture) is too unfford and unfair.

2. The instant crime is an unfavorable condition to the Defendant, on August 10, 2012, that: (a) the Defendant had escaped without taking necessary measures to keep the traffic accident while driving alcohol in violation of the signal; and (b) the nature of the relevant crime is not very good; (c) the alcohol concentration in blood at the time of the instant crime is very high by 0.226%; and (d) one time of fine due to a violation of the Road Traffic Act (driving) on August 10, 2012.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and reflected, the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance, and the victims have agreed smoothly with the victims, and the fact that there is no other criminal records except once a fine is imposed.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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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