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(영문) 광주지방법원 2016.06.29 2015노3128
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is too unhued and unfair.

2. The judgment of the Defendant committed the instant crime during the period of repeated crime, the Defendant did not agree with the victim C until the Defendant was in the trial, and did not take any measures to recover damage to the said victim, and the Defendant’s blood alcohol concentration (0.11%) was not lower than 0.1% at the time of the instant crime, etc. are disadvantageous circumstances.

On the other hand, it is more favorable for the defendant to recognize his mistake from the investigative agency, the degree of injury suffered by the victim E is relatively weak, and the above victim does not want punishment against the defendant, and the defendant does not have a previous record of driving the same drinking.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the grounds that the lower court’s punishment is too uneasible and it is not deemed unfair.

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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