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(영문) 대구지방법원 2017.07.18 2017노106

교통사고처리특례법위반(치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. The level of criticism is high in that the Defendant, while driving a motor vehicle in a state of drinking alcohol level of 0.107% in blood, has caused many victims of injury by causing a traffic accident.

However, in light of the following: (a) the Defendant committed a crime; (b) the victims are not subject to punishment due to the agreement with the victims; (c) the victims have not been subject to punishment; (d) the victims have not been injured; and (c) the vehicle is covered by the automobile comprehensive insurance; and (d) the Defendant is the primary offender; and (e) other conditions of sentencing as shown in the records and arguments, such as the Defendant’s age, sexual conduct, environment, occupation, and circumstances after the commission of the crime, the lower court’s punishment is too uneasible and unreasonable.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.