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(영문) 서울중앙지방법원 2017.05.25 2016노5000
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

The main point of the grounds for appeal (unfair sentencing) is that the punishment (one year of imprisonment, two years of suspended execution, and two times of community service order) imposed by the court below is too uneasible and unfair.

Judgment

① The Defendant driven under the influence of alcohol level of 0.157% or without a license and sustained an injury to the victim for about three weeks and escaped without taking relief measures, etc. even if he/she destroyed or damaged the other party’s vehicle for about one hundred and fifty-five thousand won of repairing expenses. ② Although the Defendant was punished for a fine of KRW 4 million on July 28, 2015 and September 14, 2015 due to drinking, the Defendant was under the influence of the alcohol level of KRW 0.151% and 0.142% of alcohol level (Evidence 57-61 of the evidence record) and repeatedly committed the instant crime on April 11, 2016.

However, in full view of all the sentencing conditions, including ① the Defendant’s erroneousness, ② the degree of injury of the victim is relatively somewhat somewhat minor, ③ the Defendant agreed to pay the victim KRW 15 million in the lower court’s payment (the trial record 66-71 of the trial record), ③ the Defendant’s driver’s vehicle is covered by a comprehensive motor vehicle insurance (Evidence 34 of the evidence record), ④ the Defendant’s sales of driving vehicles and receiving treatment related to drinking in the spirit, etc. (the trial record 79,80,90 pages), and other sentencing conditions, such as the Defendant’s age, sex, environment, and circumstances after the crime, it cannot be said that the lower court’s punishment is too unjustifiable and unfair.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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