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(영문) 전주지방법원 2016.09.30 2016노856
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment, two years of suspended sentence, etc.) is too uneasy and unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, where the defendant, while driving under the influence of alcohol 0.130%, caused a traffic accident while driving the vehicle while under the influence of alcohol and causing the damage to the victim, and did not take necessary measures such as aiding and abetting the victim who suffered an injury requiring medical treatment for about two weeks, and the quality of the crime is not good due to the escape. The defendant already has the record of criminal punishment of a fine for the same kind of crime, and driving under the influence of alcohol is a crime that may cause a serious danger to the life and property of others.

On the other hand, the fact that the defendant recognized the crime of this case and reflects the mistake in depth, there is no past record of criminal punishment heavier than the fine, the degree of injury suffered by the victim is relatively minor, the victim does not want the punishment of the defendant by mutual consent with the victim, and the victim does not repeat the same mistake again.

It is hard to say that it is favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, 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 as it is without merit. It is so decided as per Disposition.

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