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(영문) 서울중앙지방법원 2016.01.14 2015노4246

교통사고처리특례법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (7 million won in penalty) is too uneasy and unreasonable.

2. Although the Defendant had been subject to punishment due to drinking alcohol driving, the Defendant suffered injury to the victims of an accident while driving an accident while driving an accident, and considering the Defendant’s blood alcohol concentration (0.135%) and the degree of damage to the victims, etc., the Defendant need to pronounce strict punishment against the victim.

However, in full view of all the sentencing conditions in the records and arguments of the defendant, including the fact that the defendant reflects the crime in depth, the defendant's previous conviction for a considerable period of time, the fact that the defendant's comprehensive motor vehicle insurance was subscribed to at the time of the accident, etc., such as the age, sex, environment, and circumstances after the crime, even if considering the above circumstances, it cannot be said that the court below's decision is unfair because the defendant's excessive fine is too unfas

The prosecutor's assertion is without merit.

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