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(영문) 대구지방법원 2017.06.20 2017노2038
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year and two months of imprisonment, three years of suspended sentence, 160 hours of community service, and 40 hours of lectures to comply) on the gist of the grounds of appeal is too uneasible and unreasonable.

2. The Defendant, even in 2008 and 2015, while driving a vehicle under the influence of alcohol despite having been sentenced to punishment for driving under the influence of alcohol, and causing the instant traffic accident to cause the victim’s serious injury up to 12 weeks.

The criminal liability is not against the law.

However, in full view of all the sentencing conditions indicated in the record, including the fact that the Defendant recognized the facts charged, the fact that there is no previous conviction in addition to the fine, the driving vehicle is covered by a comprehensive insurance, the fact that the injured party does not want the punishment of the Defendant in agreement with the injured party, and the age, sex, environment, circumstances leading to the commission of the offense, and circumstances after the crime, etc., the lower court’s punishment is unfeasible and is not recognized as unfair.

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

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