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(영문) 창원지방법원 2016.08.11 2016노922
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year of imprisonment, two years of suspended sentence, one year of observation of protection, one year of community service, 80 hours of lectures to comply, and 40 hours of lectures to comply) is too uneasy and unfair.

2. The instant crime committed by the Defendant, while driving under influence of alcohol, runs away without taking any measures to injure the victim’s 3 weeks, causing a traffic accident while driving a alcohol. The nature of the instant crime is bad. The Defendant’s blood content at the time of the instant crime is considerably high by 0.176%, the Defendant’s blood content at the time of the instant crime was not reached an agreement with the victim, the Defendant did not reach an agreement with the victim, and the Defendant again committed the instant crime even though he had a history of punishment of a fine of KRW 1.5 million in 200, a fine of KRW 1.5 million in 200, and a fine of KRW 1 million in 201, which was sentenced to

However, in full view of the following circumstances: (a) the Defendant led to the confession of the facts constituting an offense; (b) the degree of injury of the victim is relatively minor; (c) the vehicle operated by the Defendant is covered by the comprehensive motor vehicle insurance; and (d) there is no history of punishment exceeding the fine; and (d) the Defendant’s age, environment, sex behavior; (c) motive of the offense; and (d) circumstances before and after the commission of the offense, etc., the sentence of the lower court

Although there is room to see it too far, it cannot be viewed as unfair because it is too uneasible enough to destroy.

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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