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(영문) 대구지방법원 2017.11.30 2017노2607
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of one year, two years of probation, 120 hours of community service, and 40 hours of compliance driving) is too uneasible and unfair.

2. Despite the fact that the Defendant had already been punished for driving under drinking, it is highly likely that the Defendant caused a traffic accident while driving a vehicle while driving the vehicle at a high level of 0.147% alcohol level during his/her alcohol level, which led to the occurrence of a traffic accident, and even though the victims suffered an injury and the damaged vehicle has considerably damaged, it is highly likely that the Defendant runs away without dealing with the accident, and the Defendant runs away without dealing with the accident, and there is a violation of the Road Traffic Act (measures after the accident), and a violation of the Act on Special Cases concerning

However, in light of the following: (a) the Defendant committed a crime; (b) the victims are not subject to punishment due to the agreement with the victims; (c) the victims have not been punished; (d) the victims have not been injured; and (e) the vehicle is covered by an automobile comprehensive insurance policy; and (c) the Defendant disposed of the above vehicle after the instant crime; and (d) the Defendant’s age, sex, environment, occupation, and circumstances after the instant crime; and (e) all the sentencing conditions specified in the records and arguments, such as the Defendant’s age, sex, occupation, occupation, and circumstances after the

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

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