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(영문) 대구지방법원 2016.06.02 2015노2457
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year and four months of imprisonment, two years of suspended sentence, two years of community service order, 240 hours of community service order, and 40 hours of lecture for compliance driving) of the gist of the grounds for appeal is too uneasy and unreasonable.

2. Although the Defendant had a record of punishment for the crime of the same kind, such as drinking, aiding, abetting, etc., the Defendant committed each of the crimes of the instant case. In that the Defendant left the scene after causing an accident while driving a non-insurance vehicle while under drinking, and asked him/her to make a false statement as if he/she driven a vehicle instead of driving it, the liability for the crime is not weak.

However, in full view of the following circumstances: (a) the Defendant has recognized all facts charged; (b) the Defendant has committed a mistake; (c) compensation for material personal injury; (d) the victims have agreed smoothly with the victims; (c) the degree of injury to the victims has not been relatively heavy; (d) the degree of punishment standards for drinking at 0.056% of alcohol level during blood transfusion at the time of the accident was significantly exceeded; and (e) the Defendant appears to have sufficiently been given an opportunity to reflect during the period of detention; and (e) other circumstances, including the Defendant’s age, sex, environment, occupation, circumstances leading to the crime; and (e) the circumstances following the crime, etc., the lower court’s punishment is not deemed unfair as it is 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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