beta
(영문) 광주지방법원 2015.02.11 2014노1500

교통사고처리특례법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence in October, 40 hours of attending a law-abiding lecture, and 40 hours of community service order) is too uneased and unreasonable.

2. In light of the facts that the Defendant had a previous conviction for the same kind of crime, the blood alcohol content is higher than 0.214%, the fact that the Defendant did not agree with the victims, while at the same time, the Defendant recognized his mistake, the victim's injury is minor, and the Defendant's vehicle is covered by a comprehensive automobile insurance and thus the damage was partly recovered through an insurance company, etc. In addition, the lower court's punishment is too unjustifiable, and it is not recognized that the Defendant's punishment is unreasonable in light of various sentencing conditions indicated in the argument of the instant case, such as the background of the instant crime, the circumstances after the crime, the Defendant's age, character, conduct and environment, etc.

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