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(영문) 대구지방법원 2014.06.12 2013노3938

교통사고처리특례법위반등

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of eight million won) declared by the lower court is too unhued and unreasonable.

2. On January 20, 201, the Defendant committed each of the instant crimes during the suspended execution period after being sentenced to a two-year and six-year suspended sentence for a special robbery by the Gwangju High Court on January 20, 201.

The degree of damage was significant due to the injury to the right frame that requires approximately 14 weeks of treatment, and the blood alcohol concentration of the defendant was 0.116% high.

However, the defendant does not have any record of being punished for the same crime as the case in this case, and does not repeat the crime by breaking the error in depth.

The defendant's vehicles are covered by comprehensive insurance, and the victim will pay 7 million won to the victim, and the victim did not punish the defendant any longer.

There are also some circumstances in which the defendant's economic situation is difficult.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by 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 as it is without merit. It is so decided as per Disposition.