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(영문) 대전지방법원 2013.06.27 2013노367
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (one year of imprisonment, two years of suspended sentence, two years of probation, community service order 200 hours, 40 hours of law-abiding driving lecture, 40 hours of order to attend a alcohol treatment lecture, and 40 hours of order to attend a alcohol treatment lecture) is too unfas

2. At the time of the instant crime, the Defendant, while driving under the influence of alcohol with 0.103% without a driver’s license, was found to have committed the instant crime again, despite the fact that: (a) the Defendant: (b) invadedd the central line and escaped without any rescue and relief measures, causing bodily injury to the victim; and (c) caused damage to the victim’s ozone; and (d) caused severe damage to the victim’s ozone; and (b) there were many records of having been punished for driving under the influence of alcohol or driving without a license; and (c) committed the instant crime in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of the same kind under the influence of alcohol even though he had the record of being sentenced to a suspended sentence of imprisonment with prison labor

However, in full view of the following facts: (a) the Defendant led to the confession and reflect of each of the instant crimes; (b) the victim agreed to pay KRW 5 million to the victim under the name of treatment expenses and repair expenses; (c) the degree of injury to the victim is relatively minor; and (d) the Defendant supports a single-parent and the wife, etc., the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

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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