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울산지방법원 2016.11.10 2016노611

The prosecutor's appeal is dismissed.


1. The summary of the grounds for appeal (two years of suspended sentence for ten months of imprisonment, eight hours of community service, and twenty-four hours of order to attend a course) by the court below is deemed to be too uneasible and unfair.

2. The instant crime committed by the Defendant, without a driver’s license, runs away while driving a cargo vehicle while driving the vehicle without a driver’s license, resulting in personal injury and injury, and runs away from, and runs away from, his/her previous vehicle after receiving urban buses again during the course of escape, and paying a traffic accident involving many passengers, and thus, the crime is not weak in light of the details and circumstances of the crime, the attitude of escape, the number of victims, etc.

Furthermore, even though the defendant had been punished twice due to drinking driving in the past, he again committed the same kind of crime, and the blood alcohol concentration level is relatively high, so it is necessary to hold the defendant strictly responsible for the defendant.

However, in full view of the following: (a) the Defendant recognized the Defendant’s mistake; (b) the victim’s injury was relatively excessive due to the Defendant’s commission of the crime; (c) the Defendant’s vehicle is covered by comprehensive insurance; (d) the Defendant has no criminal record of suspended execution or more; and (e) the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime; and (e) the sentencing conditions indicated in the records and arguments, the sentence imposed by

Therefore, prosecutor's 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 ground that it is without merit. It is so decided as per Disposition.