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(영문) 대구지방법원 2018.11.23 2018노2502
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of 10 months, the suspension of execution of 2 years, the community service order 160 hours, and the order to attend a compliance driving 40 hours) that the court below sentenced is too uneasible and unreasonable.

2. Determination of the crime of this case is acknowledged that the defendant, while driving a drinking alcohol, failed to take necessary measures to raise a traffic accident, and that the crime is bad in quality and that the defendant has been sentenced to a fine due to the same drinking driving.

However, it is also recognized that there is no criminal record exceeding a fine, victim E and G, the degree of damage of victims is relatively weak.

In addition, in full view of the circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

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

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