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(영문) 청주지방법원 2014.11.27 2014노921
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 execution, 120 hours of community service, 40 hours of compliance driving) declared by the court below is too uneased and unreasonable.

2. The instant crime committed by the Defendant, while under the influence of alcohol, failed to take necessary measures in two times or even after having passed a traffic accident, and the victim E suffered injury from three victims. Among them, the degree of injury was heavy; the Defendant’s blood alcohol concentration was considerably high by 0.175% at the time of the instant crime; and the fact that there was no agreement with the victims, etc. are disadvantageous to the Defendant.

However, in light of the following facts: (a) the Defendant did not have any previous conviction except for the punishment of a fine for gambling in around 2007; (b) the taxi that the Defendant driven by the Defendant was admitted to the taxi mutual aid association; (c) the Defendant voluntarily attended the police station after the day on which the Defendant committed the crime and was investigated; and (d) the Defendant’s mistake was divided and reflected at the police station; and (c) other sentencing conditions as shown in the records and arguments, such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance after the crime, etc., and the circumstances after the crime, etc., the sentence imposed by the

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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