beta
(영문) 수원지방법원 2018.10.10 2018노2822

교통사고처리특례법위반(치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (eight million won in penalty) is too unhued and unreasonable.

2. The judgment is disadvantageous to the following: (a) the Defendant suffered injury from the victims of a traffic accident while driving under drinking; (b) the Defendant’s blood alcohol concentration is relatively high; and (c) the Defendant was sentenced to a fine twice due to driving under drinking.

However, in consideration of all favorable circumstances such as the defendant's mistake, the fact that the defendant is divided into and against his mistake, the fact that the defendant does not repeat the crime by selling the vehicle, the degree of injury of the victims, the fact that the victims have agreed with the victims, the defendant has been faithfully living without criminal records since around 2010, the defendant has family members to support the defendant, and all of the sentencing conditions in the instant case, such as the age, sex behavior, environment, the background and result of the instant crime, the circumstances after the crime, etc., the prosecutor's above assertion is not reasonable, since the sentence of the court below is too uneasible and 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.