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(영문) 창원지방법원 2016.12.15 2016노2525
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment and two years of suspended execution) is too unhued and unfair.

2. The instant crime committed by the Defendant, while driving under influence of alcohol, caused a traffic accident by negligence in violation of the signal and thereby causing injury to the victim D, and at the same time, did not take any measures to damage the vehicle owned by the victim F that the said victim driven, and the nature of the relevant crime is bad. The Defendant’s blood alcohol concentration at the time of the instant crime is very high to 0.140%, which is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant confessions the facts of the offense; and (b) the injury suffered by the victim D due to the instant accident is relatively light due to the 2-based climatic base, tensions, etc.; (c) the degree of damage of the damaged vehicle is about KRW 910,000,000 for repair expenses; (d) the vehicle operated by the Defendant is covered by an automobile comprehensive insurance; (b) the vehicle operated by the Defendant is deposited for the victim D; (c) there is no other criminal record other than being punished by a fine of KRW 200,000 for the crime of injury in 198; and (d) the Defendant’s age, environment, character and conduct, motive of the offense, and the circumstances before and after the offense, etc., which are the conditions for sentencing specified in the instant records and arguments, the sentence of

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

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