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(영문) 서울중앙지방법원 2016.11.17 2016노1148
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 one hundred and sixty hours of community service) that the court below sentenced the defendant is unreasonable.

2. The judgment of the court below is that the defendant, while driving a vehicle under the influence of alcohol, has driven the vehicle at the front time while driving the vehicle so that the two victims suffered injury while driving the vehicle at the front time without taking any measures for rescue and relief, etc. After which the defendant escaped, it is poor that the police officer failed to comply with the request for a drinking measurement by the police officer, and that the defendant has a record of being punished by a fine due to the crime of refusing drinking alcohol measurement in around 2005. However, although there are circumstances unfavorable to the defendant, the defendant is recognized and against all the crime. The defendant is covered by the comprehensive insurance, and the personal and physical damages of the victims are compensated. The defendant made efforts to recover damage, such as 50,000 won for the victim G, 1.5 million won for the victim victim E, 1.5 million won for the victim victim E, and 1.00,000 won for the above crime other than the above crime record, there is no evidence that the defendant was punished for the crime in addition to the above crime, the defendant's motive and circumstances before and after the defendant's pleadings.

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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