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(영문) 서울북부지방법원 2015.12.23 2015노1347
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended sentence, two hours of community service order, 180 hours of community service order, and 40 hours of order to attend a compliance driving lecture) that the court below sentenced is too uneasy and unreasonable.

2. The crime of this case is committed by the defendant while driving a vehicle at a full speed of 0.177% with blood alcohol level, and due to the negligence of neglecting his duty of care at the front of the building in front of the front of the front bank, resulting in an injury to the driver and his passengers, without taking necessary measures at the time of the occurrence of the traffic accident, while destroying the above vehicle, and causing an injury to the driver and his passengers, who are faced with the vehicle standing in front of the building in front of the front of the front bank building, without taking necessary measures at the time of the occurrence of the traffic accident. The crime of this case is serious, and is committed by the driver and his passengers, and the method of the crime is dangerous, and the number of victims resulting from the crime of this case is five persons, and the victims are not agreed with the victims until now, and even if there was the history of punishment for the violation of the Road Traffic Act (driving on July 208, 208, the same kind of crime of this case is committed at all times.

However, the Defendant’s confessions all of the instant crimes and reflects their depth, the degree of injury suffered by the victims of the instant traffic accident is not serious, the vehicle driven by the Defendant is covered by a comprehensive insurance, the Defendant has no criminal record beyond probation, and the Defendant has no criminal record beyond probation. In full view of the Defendant’s age, character and character, environment, the circumstances and consequence of each of the instant crimes, and the circumstances after the commission of the instant crimes, it is not determined that the lower court’s punishment against the Defendant is unreasonable.

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.

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