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(영문) 대구지방법원 2017.04.20 2016노4219

교통사고처리특례법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The Defendant: (a) caused the instant traffic accident while driving alcohol; (b) caused the victim’s injury; and (c) did not receive a letter from the victim.

However, in full view of all the sentencing conditions indicated in the records, such as the fact that the Defendant recognized the facts charged, the primary offender, the driving vehicle is covered by a comprehensive insurance and the degree of injury suffered by the victim is relatively minor, and the Defendant’s age, sex, occupation, environment, circumstances leading to the commission of the crime, and circumstances after the crime, etc., the lower court’s punishment is not deemed unfair 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.