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(영문) 광주지방법원 2015.10.15 2015노403
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (a fine of 6 million won) is too unhued and unreasonable.

Judgment

It is an unfavorable sentencing factor, such as the fact that the defendant did not take necessary measures to raise a traffic accident while drunk driving, that the blood alcohol concentration of the defendant is very high by 0.249%, and that the defendant has a criminal record of the same kind once.

However, considering the following factors: (a) the Defendant’s mistake recognized by the lower court, the degree of damage of the damaged vehicle is not heavy; (b) the Defendant’s vehicle is covered by a comprehensive insurance policy; and (c) the Defendant has no criminal history after being punished by drinking driving around 2000; and (d) other factors of sentencing as indicated in pleadings, such as the background of the instant crime; (b) circumstances after the instant crime; (c) the Defendant’s age, character and conduct; and (d) other factors of sentencing as indicated in the argument, the Prosecutor’s assertion is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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