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(영문) 서울중앙지방법원 2017.04.13 2016노3863
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s sentence (two years of suspended sentence in October, community service order 80 hours in community service order, and 40 hours of lecture attendance order in compliance driving) is too unfluent and unreasonable.

2. The instant crime was committed by the Defendant, while driving under drinking alcohol, and caused the cab to see the damaged taxi in the present signal while leaving the cab in front of the above, and the nature of the crime was poor. The alcohol concentration in blood during the instant crime was higher than 0.168%, and the fact that the victim did not reach an agreement with the victim is disadvantageous to the Defendant.

However, the fact that the defendant is recognized as committing the crime of this case, the first offender, the degree of damage is relatively minor, and the vehicle operated by the defendant is covered by the motor vehicle comprehensive insurance, and the insurance money of KRW 6,98,630 for the victims and KRW 6,450,090 for the large damage is paid, etc. are favorable to the defendant.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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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