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(영문) 수원지방법원 2017.06.14 2016노9086
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

Reasons

The Prosecutor appealed from the lower court’s sentence (2 years of suspended sentence for ten months, 80 hours of community service, and 40 hours of lecture for compliance driving).

However, in full view of the favorable circumstances such as the absence of any particular change in the sentencing conditions compared to the lower court’s judgment, and the various sentencing conditions shown in the records and pleadings of this case, namely, the Defendant, while driving in a drinking state, had escaped from a traffic accident and had three times a previous conviction of the same kind of drinking, while the degree of injury to the victim was relatively heavy and there was no previous conviction exceeding the fine, the lower court’s sentencing is not deemed unfair.

Therefore, the prosecutor's appeal shall be dismissed. However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the "low-priced passenger vehicle" of the judgment below's 1 (3) and 2 (2) 1 (1) is obvious that it is each clerical error in the "Spo-si", and thus, it is decided as ordered by the court below to correct it.

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