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(영문) 서울남부지방법원 2018.11.27 2018노1545
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that of the lower court’s punishment (eight months of imprisonment) is too unhued and unreasonable.

2. The Defendant has criminal records of having been punished several times due to driving under drinking.

Although the Defendant, while driving a vehicle while drinking the alcohol, she escaped without taking any measures despite the shock of two vehicles, but was driving on the next day while drinking the alcohol, she was faced with the injury of the victims by shocking the vehicle, and was driving a vehicle again while undergoing an investigation into a traffic accident.

In light of the criminal records of the defendant and the contents of each of the crimes in this case, it seems that there is a need for a strict group of the defendant's repeated drinking driving.

However, while the defendant has been working to treat alcohol-related dignity after the crime of alcohol driving in the past, it seems that the crime of this case was committed in the course of the crime of this case as he depends on mental impulses caused by pro-Japanese death at the time of each crime of this case, and the defendant has made efforts to treat alcohol-related dignity.

In addition, considering the defendant's age, sex, environment, motive, means and consequence of the crime, various conditions of sentencing as shown in the pleadings, such as the circumstances after the crime, etc., the court below's sentence is too uneasible and it is deemed unfair. Thus, the prosecutor's above assertion is without merit.

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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