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(영문) 서울중앙지방법원 2017.05.11 2017노139
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (limited to 8 months of imprisonment and 2 years of suspended sentence) is too uneasy and unfair.

Judgment

The defendant's driving under the influence of 0.074% alcohol concentration in blood, resulting in the injury to three victims and escape, is very serious.

However, in full view of the following circumstances: (a) the Defendant was a primary offender; (b) the Defendant was subscribed to a motor vehicle comprehensive insurance (Evidence No. 25 pages); (c) the Defendant sold a motor vehicle on May 9, 2016 (the trial record No. 22 pages); (d) the Defendant deposited KRW 1 million each to the victims on November 29, 2016 (the trial record No. 27-29 pages); (c) the victims’ injury is relatively minor; and (d) other various circumstances that form the conditions for sentencing as indicated in the records, such as the Defendant’s age, sexual behavior, environment, and conditions after the crime, the lower court’s punishment cannot be deemed unfair as it is too unreasonable.

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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