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(영문) 수원지방법원 2015.09.18 2015노3317
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution for one year of imprisonment, probation, and an order to attend a course of 80 hours) of the lower court is too unfased and unreasonable;

2. Even if the Defendant caused a traffic accident that causes damage by shocking six vehicles in a state of 0.248% alcohol concentration in blood alcohol content, the Defendant would also cause a traffic accident that causes additional shock of two vehicles and causes three victims to suffer injury, and the nature of the crime is not somewhat weak;

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and agreed with the U.S. victim who is a taxi passenger; (b) the Defendant’s vehicle appears to have been able to recover from damage due to the Defendant’s purchase of an automobile comprehensive insurance policy; (c) the victims did not have any history of criminal punishment since 2004; and (d) the Defendant did not have any history of criminal punishment after 204; and (c) other circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, etc

Therefore, the prosecutor's above assertion of unfair sentencing is without merit.

3. If so, the prosecutor's appeal 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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