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(영문) 전주지방법원 2020.10.15 2020노724

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (one year of imprisonment and three years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The judgment-free driving is a very dangerous crime that may cause unexpected behaviors to the life and home of others by raising the possibility of traffic accidents, and thus, requires strict punishment, and is driving a motor vehicle while under the influence of alcohol by a taxi driver, who requires more care for safe driving.

The possibility of the occurrence of a traffic accident due to drunk driving, including the fence of the victim company G, and the victim H, J, L, L, and N-owned automobiles continuously shocked to KRW 3,871,185, and the repair cost incurred therefrom was increased to KRW 3,871,185, and the occurrence of a traffic accident due to drunk driving, such as continuously causing an injury requiring approximately two weeks medical treatment to the above victim by failing to meet the taxi of the victim Q driving, was realized. At the time of the crime of this case, the blood alcohol concentration of the defendant was considerably high to KRW 0.130% at the time of the crime of this case, and the defendant was sentenced to a fine of KRW 1 million at the Jeonju District Court of February 16, 200, the defendant was sentenced to a fine of KRW 100,000 due to the violation of the Road Traffic Act (driving driving) committed in the state of drinking alcohol level of KRW 0.115% at the Jeonju District Court of February 12, 2012.

However, the Defendant’s depth and reflects the instant crime; the automobile used for the instant crime was covered by comprehensive insurance, and thus, six physical damage was paid; the victim Q does not want the Defendant’s punishment by mutual consent with the Defendant on June 1, 2019; the Defendant did not have any record of criminal punishment if it was excluded from the fine on the two occasions; and the Defendant’s age, character, character, environment and other conditions of sentencing were comprehensively taken into account.