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(영문) 대구지방법원 2014.12.18 2014노3980
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) is too unhued and unreasonable.

2. On October 10, 2013, the Defendant had been sentenced to a two-year suspended sentence for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Doing Vehicles) on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and committed the instant crime even during the suspended sentence period after having been sentenced to a two-year suspended sentence.

The drinking alcohol level was 0.282%, and the blood alcohol level was higher than 0.282%, and the nature of the crime is heavy since all necessary measures are not taken even if the damaged vehicles are damaged by two traffic accidents.

However, the defendant has not committed a second offense, reflecting the mistake of crime in depth.

The extent of damage of damaged vehicles is relatively minor, and both victims and victims do not want to punish the defendant.

The defendant supports the mother who is not healthy due to the minorization between the father and the father of the fifth degree of disability, and if this judgment becomes final and conclusive, the suspended execution that was sentenced on October 10, 2013 is invalidated.

In addition, in full view of the circumstances in which the parents of the defendant want to take the preference against the defendant and all the sentencing conditions in the records and arguments, such as the defendant's age, character and conduct, environment, etc., it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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

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