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(영문) 대구지방법원 2014.04.24 2013노3476
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. On September 14, 2012, the Defendant was sentenced to two times of a fine due to drinking driving, and was sentenced to eight months of imprisonment due to drinking driving and two years of suspended execution, and again committed the instant crime even during the suspended execution period.

In that a traffic accident causes physical damage to the victim without taking necessary measures and escape, the nature of the crime is not less weak, and the blood alcohol concentration is relatively high by 0.113%.

However, the defendant suffered an accident and escaped more than 100 meters, but voluntarily stopped the vehicle and dealt with the accident, and the defendant does not repeat the crime by breaking the error in depth.

The degree of damage of the damaged vehicle caused by the instant accident is insignificant, and the Defendant vehicle agreed with the victim in addition to the comprehensive insurance policy.

The defendant has faithfully supported his/her family, and the family and work union members of the defendant wanted to take the action against the defendant.

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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