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(영문) 광주지방법원 2014.10.30 2014노636
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for one year of imprisonment, two years of probation, and 80 hours of probation and compliance driving) of the lower court is deemed to be too uneasy and unfair.

2. The judgment of the court below was made in 2001 and 2007 that the defendant was punished for a fine for driving under the influence of alcohol, that the defendant's blood alcohol concentration higher than 0.224%, that the defendant escaped after causing the first traffic accident while driving under the influence of alcohol, that the defendant again caused the second traffic accident in the course of escape, is disadvantageous circumstances, or that the defendant is deemed to have committed a second traffic accident, that the defendant's mistake is recognized and against himself, that the victim's damage level is relatively excessive, that the victim's D and L are not excessive, that the victim's 50,000 won was deposited for the victim's F and H, that the defendant's vehicle was covered by the comprehensive automobile insurance, and that the defendant's vehicle was covered by the defendant's vehicle insurance, and all sentencing conditions in this case such as the defendant's age, character and behavior, environment, background and result of the crime in this case, and the circumstances after the crime, etc., the prosecutor's assertion is not justified.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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