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(영문) 수원지방법원 2016.11.02 2016노4478
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. Determination is a condition for sentencing unfavorable to the Defendant, such as the Defendant’s act of committing the instant crime even though the Defendant was under the influence of alcohol and did not take any measures against the destruction of parked vehicles while driving, and the nature of such crime is not weak, and the Defendant committed the instant crime even though he had the history of being subject to four times criminal punishment due to drinking driving.

However, in full view of the following circumstances: (a) the Defendant’s full recognition of the instant crime and reflects the fact that the amount equivalent to the repair cost was paid to the victims through the automobile insurance to which the Defendant was admitted; (b) the Defendant has no record of criminal punishment since around 2008; and (c) other various circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime, the lower court’s sentence is deemed to be too unreasonable;

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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