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(영문) 광주지방법원 2017.01.18 2016노1596
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the 10-month probation period, the 80-hours of community service order, the 40-hours of compliance driving instruction) imposed by the lower court is too uneasible and unreasonable.

2. The instant crime is an unfavorable circumstance where: (a) the Defendant, without a driver’s license, while under the influence of alcohol while driving a stop signal; (b) did not take necessary measures despite causing a traffic accident; and (c) did not fit the nature of the relevant crime; and (d) the Defendant was punished for the same kind of crime.

On the other hand, the fact that the defendant's mistake is properly recognized and reflected, there is no record of punishment exceeding the fine for the same kind of crime, and the fact that the victims are not punished for the defendant by agreement with the victims is favorable.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the grounds that the sentence imposed by the lower court is too unfasible and it is not deemed unfair.

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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