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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 창원지방법원 2013.03.21 2012노2290
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the Defendant, in a drinking state, committed a crime without any relief in order to conceal the fact of drunk driving, even though he/she did not take any measures to avoid a traffic accident; and (b) the Defendant was present at the investigative agency’s request and did not entirely reflect on the investigation; and (c) the Defendant, at the request of the investigative agency, did not take any action.

2. Although there are good circumstances as argued by the prosecutor, such as the Defendant’s occurrence of a traffic accident, without any relief measures or contact details against the victims, and the Defendant escaped from his own cargo, and the Defendant did not reach an agreement with the victims, the Defendant driven under the influence of alcohol at the time of the instant accident.

In full view of all the circumstances, such as the fact that it is difficult to readily conclude that the Defendant escaped to avoid a drunk driving or to conceal the fact of a drunk driving, that the Defendant has no record of driving or traffic accident, that the Defendant was subscribed to a comprehensive motor vehicle insurance policy, and the criminal records, character, conduct and environment of the Defendant, the circumstances and consequences of the instant crime, etc., and the conditions of sentencing as shown in the records and arguments, it is difficult to conclude that the sentence imposed by the lower court is unjustifiable, and thus

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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