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(영문) 서울서부지방법원 2015.08.20 2015노513
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of KRW 10 million) declared by the lower court is too unhued and unreasonable.

2. The judgment not only has the record of punishing the accused twice due to the same violation of the Road Traffic Act (driving) but also there is a need to strictly punish the accused by repeatedly committing the instant crime even though he/she was sentenced to a suspended sentence of four years due to imprisonment on October 14, 201 with respect to a criminal escape, quasi-rape or injury, a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicle), a violation of the Road Traffic Act (driving Vehicle), and a violation of the Road Traffic Act (or an after-accident). The instant crime is committed by the accused who escaped without a driver's license without taking necessary measures while carrying out a traffic accident at a very high level of 0.243% of blood alcohol content without taking necessary measures, and thus, it is disadvantageous to the accused.

However, the following are the circumstances favorable to the Defendant: (a) the Defendant has led to the confession of all crimes; (b) the degree of damage to the damaged vehicle caused by the instant traffic accident is relatively minor; (c) there is no particular human damage; (d) the Defendant has agreed with the victim only; and (e) the Defendant as well as his family members are leading the Defendant while complaining of the wife.

In addition, considering the motive and circumstance of the crime, the means and consequence thereof, the circumstances after the crime, the defendant's age, career, character and conduct, environment, and all the sentencing conditions shown in the arguments and arguments, the sentence of the court below cannot be deemed unfair because it is too uneasible.

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

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