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(영문) 대전지방법원 2016.05.12 2016노337
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) is unreasonable as it is too unfasible to the lower court’s sentence (one year of imprisonment, two years of suspended sentence, two years of probation, observation of protection, community service order 80 hours, 40 hours of lecture order for compliance driving) against the Defendant.

2. The judgment of the court below is that the crime of this case was committed under the influence of alcohol of 0.154% by the defendant while driving the damaged vehicle under the influence of alcohol of 0.154%, and the defendant suffered injury to the driver of the damaged vehicle and his/her passengers, and the defendant does not take any measures to destroy the damaged vehicle and does not take any measures, and the nature of the crime is disadvantageous to the defendant. However, the defendant is led to the confession of the crime of this case, the defendant does not have any criminal records exceeding the same criminal record and fine. The vehicle operated by the defendant is covered by A, A is covered by the comprehensive insurance of Litter's Financial Cooperative across the country, and the Korean Litter's nationwide Financial Cooperative pays 1.5 million won to the victim D, 200,000 won to the victim F, 50,000 won to the victim G, the defendant's social relative relationship is clear, the defendant's age, the defendant's sex, criminal behavior, unfair motive, means and circumstances, etc.

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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