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(영문) 인천지방법원 2017.06.09 2017노1027
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (one year of imprisonment, two years of suspended sentence, and 160 hours of community service, and 40 hours of lectures to comply with law) is too uneasy and unfair.

2. Each of the instant crimes committed by the Defendant, while under the influence of alcohol, committed an accident while driving the central line, resulting in the second accident, and thus, the nature of the crime is not good. However, considering the sentencing conditions indicated in the records and theories of the instant case, including the fact that the Defendant agreed smoothly with the victim E in the trial, even considering the circumstances asserted by the Prosecutor on the grounds of appeal, the lower court’s punishment 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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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