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(영문) 서울중앙지방법원 2016.10.20 2016노2253
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of eight million won) imposed by the court below on the defendant is too uneased and unreasonable.

2. The crime of this case was committed in violation of the signal at a level of 0.171% in blood alcohol level, and was committed without taking necessary measures after stopping the victim's driver's vehicle while driving in violation of the signal, and without taking necessary measures. Although there are unfavorable circumstances to the defendant, such as the fact that the defendant is recognized and against the victim, that the defendant is not injured, that the driver's vehicle is covered by a comprehensive insurance, that the driver's vehicle is not injured, that the defendant has deposited 4 million won for the victim, that there is no criminal power against the defendant, and that there is no other criminal power against the defendant, and that the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, environment, character and conduct, motive for the crime, circumstances before and after the crime, etc., the prosecutor's assertion cannot be accepted since the sentence imposed by the court below is too unjustifiable.

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

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