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(영문) 부산지방법원 2017.01.13 2016노3865
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended execution in August, community service order 120 hours, and 40 hours of lecture for compliance driving) of the gist of the grounds for appeal is too uneasible and unreasonable.

2. The crime of this case is found to have been committed by the Defendant, while under the influence of 0.115% alcohol level while driving a string-off car in the blood, and caused the Defendant to inflict an injury on the Defendant, such as the right shoulder seat, etc., required for two weeks medical treatment, at the same time, even though the Defendant 2,696,702 of the said SM5 car was considerably damaged to repair the 2,69,000 won, and the nature of the crime was poor in light of the content and circumstances of the crime, the damage amount, etc., and the Defendant’s escape, as seen above, prevented the Defendant’s driver’s driver’s driver’s or the passenger’s driver’s car by driving the said 2 string-off taxi, but the Defendant had been punished for four times of fine due to drinking.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime, thereby contravening his mistake; (b) the Defendant appears in the police station after five hours after the instant accident occurred; (c) the Defendant voluntarily surrendered at the police station; (d) the Defendant agreed with the victim in the lower court that the injured party did not want to punish the Defendant; (c) there are family members to support the Defendant; (d) there are no special circumstances or changes in circumstances that may be newly considered in the trial after the pronouncement of the lower court; and (e) there are other circumstances that are conditions for sentencing as indicated in the record, such as the Defendant’s age, environment, family relationship, the background leading to the instant crime, and the circumstances before and after the instant

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

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