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(영문) 서울중앙지방법원 2016.11.03 2016노2278
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for not less than eight months, two years of suspended sentence, and 80 hours of community service) that the court below sentenced to the defendant is too uneasible and unfair.

2. The crime of this case was committed under the influence of alcohol level 0.149% and was committed under the influence of alcohol level 0.149% and was committed under the unfavorable circumstances of the defendant, such as the fact that the defendant was faced with the vehicle for E driving while driving ahead of the center line and suffered each injury to E and E and E, E and E, and H without taking necessary measures, but the nature of the crime was poor. However, the defendant is recognized and against each other, the defendant is not injured, the victims are not injured, the defendant's vehicle is covered by comprehensive insurance, and the victim was covered by the insurance system for the victims. In the investigation process, the court below agreed with the victim G, and deposited 2 million won for E, 1.5 million won for the victim H, without any criminal power, the defendant's age, environment, character and behavior, motive for the crime, circumstances before and after the crime, etc., and thus, the prosecutor's assertion that the court below's sentencing is unreasonable.

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

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