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(영문) 대전지방법원 2015.04.17 2014노3101
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year of imprisonment, two years of suspended execution, and 40 hours of order to attend a law-abiding driving course) is deemed too unhued and unreasonable.

2. Determination

A. The Defendant is driving with the power of serving several times due to drinking and unlicensed driving, and with the blood alcohol concentration of 0.140% higher.

In light of the fact that a traffic accident occurred and the victims suffered injury and the building was destroyed and that some victims failed to recover from damage, the responsibility of the defendant is not weak.

B. On the other hand, there are favorable circumstances to consider, such as the fact that the Defendant was not sentenced to imprisonment, led to a confession of the crime, and led to a repent of the mistake, the victim G, I and I agreed with the Defendant, that the Defendant’s vehicle is covered by the comprehensive automobile insurance, and that there is a mother of 80 years of age to support.

In addition, considering all sentencing conditions indicated in the instant case, such as Defendant’s age, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

3. The prosecutor's appeal of conclusion 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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