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(영문) 인천지방법원 2013.08.23 2013노565
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to imprisonment for up to eight months, suspension of execution for two years, suspension of compliance driving for 40 hours, and community service for 80 hours) declared by the court below is too unfford and unreasonable.

2. In light of the fact that the degree of damage to the victim caused by the instant accident is not somewhat weak, and that the Defendant committed an accident while driving under influence of alcohol and the occurrence of the occurrence of an accident while driving under influence of alcohol, and that the Defendant escaped without immediately taking relief measures, the nature of the instant crime is not very good.

However, in full view of the following circumstances: (a) the Defendant led to the confession of and reflect against the crime; (b) there is no record of being punished for the same crime for over 30 years; (c) the damaged vehicle was recovered from the comprehensive motor vehicle insurance with which the victim was admitted; and (d) the victim was not punished by agreement with the victim at the time of the trial; and (e) other various circumstances that form the conditions for the pleadings and the sentencing specified in the records of the instant case, such as the Defendant’s age, character and conduct, and environment, the Prosecutor’s assertion is not acceptable because the

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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