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(영문) 수원지방법원 2018.10.12 2018노4697
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. The crime of this case committed by the Defendant, while driving under the influence of alcohol, was committed without taking any measures despite having injured the victim in a traffic accident and damaged the victim’s vehicle, and the quality of the crime is not good.

On the other hand, the fact that the defendant's mistake is against the defendant, the victim's injury and the damage of the vehicle is relatively minor, the vehicle driven by the defendant has been covered by the comprehensive automobile insurance, and there is no criminal history against the defendant is favorable to the defendant.

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances before and after committing a crime, it is difficult to view that the lower court’s punishment is too uneasible and unfair

Therefore, 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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