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(영문) 대구지방법원 2013.08.22 2013노1103
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the punishment imposed by the court below (two months of imprisonment, two years of suspended execution, and forty hours of compliance driving lectures and community service work) is too uncomfortable and unfair.

2. The judgment of the Defendant is one time the power of punishment for drunk driving, and the blood alcohol concentration is very high to 0.188%, and the nature of the crime is not somewhat weak due to the escape of the Defendant after causing the instant traffic accident.

However, the defendant did not have any criminal history except the above punishment force, and the defendant's vehicle is covered by the comprehensive automobile insurance and agreed with the victims.

The Defendant is able to repent of the facts charged in the instant case.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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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