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(영문) 광주지방법원 2015.11.19 2015노1508

교통사고처리특례법위반등

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The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fines 8,00,000) is too unhued and unreasonable.

2. The crime of this case is not well-known that the defendant inflicts bodily injury on the victim due to gross negligence due to drunk driving, that the blood alcohol level of the defendant at the time of driving under the influence of alcohol in this case is not lower than 0.159%, that the defendant did not know even though he was sentenced to the suspended sentence of imprisonment due to a separate crime, and that the defendant committed the crime of this case without being aware of it even though he was currently under the suspended sentence of imprisonment, and that the defendant has a record of having been punished several times for

However, considering the favorable circumstances, such as the fact that the defendant repents and reflects his mistake, the fact that the defendant does not want the punishment of the defendant by scrapping the vehicle, the victim does not want to do so, the degree of injury of the victim (under the agreement with the victim), the records of the same crime of the defendant are prior to 2010, the defendant has a family member who will provide support, the defendant shows that social service, such as usual donation activities, and the defendant's personal figures want to take into account all the sentencing conditions in this case, such as the age, character and behavior, environment, the background and result of the crime of this case, the circumstances after the crime of this case, etc., the prosecutor's assertion is without merit, so it is not recognized that the sentence of the court below is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.