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(영문) 수원지방법원 2017.09.22 2017노2558
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, and 40 hours of lecture for compliance driving) on the summary of the grounds for appeal is deemed unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, inasmuch as the Defendant was under the influence of alcohol and was under the influence of alcohol without taking any measures to shock the road separation zone and leaving the site, and the nature of the crime is not good. The Defendant’s blood alcohol concentration at the time of this case is relatively high, and the Defendant had been punished several times due to the crime of drinking alcohol driving.

On the other hand, the fact that the defendant reflects the mistake in depth, there is no history of punishment exceeding the fine, damage recovery to the victim, and the fact that the victim does not want the punishment of the defendant is favorable to the defendant.

Considering all of the above circumstances and other conditions of sentencing under Article 51 of the Criminal Act, it is difficult to deem that the lower court’s punishment is too unfasible and unfair.

Therefore, the prosecutor's above 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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