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(영문) 전주지방법원 2020.05.13 2020노118
도로교통법위반(사고후미조치)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the order to attend a law-abiding lecture for 10 months of imprisonment, 2 years of suspended execution, and 40 hours of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The defendant has a criminal record due to a drunk driving, and is driving under the influence of alcohol.

In light of the fact that an accident that shocks the central separation zone has occurred without taking any measures, leaving the scene of the accident without taking any measures, and that it interferes with calculating the blood alcohol concentration of the defendant by additionally drinking alcohol after leaving the site, etc., the nature of the crime is very poor and strict punishment is requested.

However, considering the fact that the defendant recognized the crime of this case and reflects the fact that the blood alcohol level at the time of driving even if considering the defendant's additional drinking, and other factors revealed in the argument of this case, such as the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, etc., the sentencing of the court below is acceptable, and it is not deemed unfair because it is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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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