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(영문) 전주지방법원 2016.10.21 2016노611
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a term of one year, two years of suspended execution, probation, etc.) of the lower court is deemed to be too uneasible and unfair.

2. The crime of this case committed by the Defendant without mandatory insurance, resulting in a traffic accident while driving under the influence of alcohol, resulting in injury to the victim E, which requires medical treatment for about two weeks, and at the same time, did not immediately stop the taxi owned by the victim E and take necessary measures, such as providing relief to the victim, and the nature of the crime was not weak due to the escape. At the time of the accident, the Defendant’s blood alcohol concentration was considerably high at 0.14%, and the Defendant had a history of criminal punishment for a traffic-related crime several times, etc., against the Defendant.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, that the victims do not want the punishment of the defendant, that the vehicle is scrapped after the crime of this case, etc. after the crime of this case, and that the defendant's will not drive under the influence of alcohol again, and that the defendant's wife want the defendant's wife to be blickly, etc. are favorable to the defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

However, in the application of the law of the lower judgment, “the selection of “1. Determination” of “the first sentence” shall be construed as “the choice of imprisonment without prison labor for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents,” “the choice of imprisonment for the remaining crimes,” “the first sentence of Article 37 and Article 38 of the Criminal Act.”

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