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(영문) 창원지방법원 2016.12.15 2016노2654
특정범죄가중처벌등에관한법률위반(도주치상)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 crime of this case committed by the Defendant with negligence of neglecting the front-time city and resulting in an injury to two victims, and at the same time escaped without taking any measures to damage the damaged vehicle, and the nature of the crime is not good. The Defendant’s blood alcohol concentration at the time of the crime of this case is considerably high to 0.098% and is disadvantageous to the Defendant.

However, in light of the following circumstances: (a) the Defendant led to the confession of the facts of the offense; and (b) the victim’s injury caused by the instant accident is relatively light due to the base base of the two weeks of light; (c) the degree of damage of the damaged vehicle is about KRW 1.170,00 of the repair cost; (d) the victims do not want the Defendant’s punishment by mutual consent; (b) the Defendant disposed of the vehicle after the instant crime; (c) the Defendant was punished by a fine of KRW 700,000 due to drinking driving in 204; and (d) there are no other criminal records other than the Defendant’s age, environment, character and conduct, motive of the crime; and (e) the conditions for sentencing specified in the records and arguments of the instant case, such as the Defendant’s age, character and conduct, the motive of the crime;

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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