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(영문) 울산지방법원 2016.07.21 2016노677
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and 120 hours of community service) of the lower court is deemed to be too unhued and unreasonable.

2. The instant crime committed by the Defendant, while under the influence of alcohol, was committed while the Defendant was drunk, and the Defendant escaped without immediately stopping the center line while flying a traffic accident and without taking necessary measures to avoid crackdown on drinking, and the nature of the relevant crime is not good. The Defendant has a record of criminal punishment of fines on two occasions due to the violation of the Road Traffic Act by driving under the influence of alcohol. The Defendant is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant offenses; (b) there is no record of criminal punishment exceeding a fine; (c) there is no relatively heavy degree of injury; (d) the injured party wants to take the Defendant’s preference against the victim of a traffic accident; (c) the vehicle of the Defendant is expected to be covered by comprehensive insurance; (d) the Defendant’s vehicle is likely to cause considerable damage recovery; (e) the Defendant’s age, sex behavior; (e) the motive and circumstance leading to the instant offense; (e) the circumstances before and after the instant offense; and (e) other circumstances that form the condition for the instant sentencing as shown in the trial process, such as the records and circumstances before and after the instant offense, the lower court’s punishment is too unjustifiable and thus, is not 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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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