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(영문) 서울중앙지방법원 2017.07.20 2017노729

교통사고처리특례법위반(치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) sentenced by the court below is too uneasy and unfair.

Judgment

The defendant has been punished for a fine of three million won due to driving under drinking in 2011.

The defendant's blood alcohol concentration of 0.106% is 0% high in that he concealed the damaged vehicle in the signal atmosphere while driving in a drinking condition, and the driver suffered the necessary injury for two weeks of treatment.

However, the defendant reflects his fault.

The Defendant agreed with the victim at the lower court (the trial record 17-19 pages). The Defendant’s driver’s vehicle is affiliated with the Littercar Mutual Aid Association (Evidence 18 pages). In full view of all other sentencing conditions, including the Defendant’s age, sex, environment, and circumstances after the commission of the crime, the lower court’s punishment cannot be deemed to be unfair as it is too uneasible.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.