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(영문) 대전지방법원 2015.05.08 2014노3276
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (ten months of imprisonment, two years of suspended execution, and forty hours of attending the law-abiding class) is deemed to be too uneasy and unfair.

2. Determination

A. The Defendant is driving with the power of being sentenced to a fine due to a drunk driving and the blood alcohol concentration of 0.14% higher.

In light of the fact that a traffic accident occurred and the victims suffered injury and the damaged vehicle was escaped even after the damaged vehicle was damaged, the defendant's responsibility is not less complicated.

B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant was not sentenced to punishment, and the Defendant was in depth divided, the injury of the victims is relatively minor, the Defendant’s driver’s vehicle is covered by a comprehensive automobile insurance policy, and the Defendant agreed with the victim F and deposited KRW 1.5 million for the rest of the victims.

In addition, considering all the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, family relation, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

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

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