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(영문) 의정부지방법원 2014.01.15 2013노688
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unhued and unfair.

2. The judgment is based on the following circumstances: (a) the instant crime was committed under the influence of alcohol by the Defendant while driving a cargo vehicle while under the influence of 0.186% alcohol concentration; (b) there is no possibility of criticism that the Defendant caused a traffic accident and escaped without relief measures; (c) however, the Defendant made a statement that his mistake was divided; (d) the Defendant is only one time before and after the Defendant was sentenced to a fine for violating the Wastes Control Act in around 1998; (c) the Defendant’s current economic situation seems not to have been sufficiently met; (d) the Defendant’s vehicle was covered by the automobile comprehensive insurance and the Defendant’s accident was covered by the heavy liability insurance for the victim (the victim stated in the police investigation that “if compensation is made, the victim does not want the Defendant’s punishment”; (d) the Defendant appears to have relatively heavy weighted; (e) the Defendant’s voluntary appearance at the police station after two hours of the traffic accident after his escape; and (e) the Defendant’s motive and circumstance of the instant crime; (e) the Defendant’s motive and circumstance of the instant crime; (e.

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

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