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(영문) 대전지방법원 2015.12.04 2015노1536
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of eight million won) is deemed to be too unhued and unfair.

2. Determination

A. The crime of this case is a case where the defendant committed a traffic accident by negligence while driving in a drinking state during the period of probation, resulting in injury to several victims, and the crime of this case was committed even though the damaged vehicle was damaged, and its nature is not good.

B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant was neither before nor before the sentence, and that there was no previous conviction, and the confession of the crime, the victim’s injury was not severe, the Defendant’s driver’s vehicle is covered by a comprehensive automobile insurance, the victims do not want the punishment of the Defendant, and the Defendant supported two children who were wife and children.

In addition, considering the Defendant’s age, living environment, details and result of the crime, and all of the sentencing conditions indicated in the instant case, including circumstances after the crime, the sentence of the lower court is adequate.

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

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