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(영문) 전주지방법원 2020.10.27 2020노1008

교통사고처리특례법위반(치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fines 8,00,000) is too unhued and unreasonable.

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. The defendant is driving a motor vehicle while under the influence of alcohol.

The possibility of traffic accidents caused by drinking driving was realized by causing the victim's injury requiring medical treatment for about two weeks. At the time of committing the instant crime, the Defendant's blood alcohol concentration was considerably high by 0.120%, etc., which are disadvantageous to the Defendant.

However, it appears that the insurance money was paid to the victim under the pretext of treatment expenses, etc. through comprehensive insurance (Evidence List 19, Automobile Insurance Subscription Certification Board) to which the defendant was admitted. On March 13, 2020, the victim received 3 million won from the defendant in the course of the original trial on September 11, 1995 in the Jeonju District Court on September 11, 1995 and did not want the defendant's punishment. The defendant was sentenced to a fine of KRW 1.5 million due to occupational automobile deprivation, etc. at the Jeonju District Court on September 11, 1995; the defendant was sentenced to a fine of KRW 200,000 as a violation of the Automobile Management Act in the same court on August 6, 1996; there was no history of criminal punishment after 197; the defendant supported the family including the child with intellectual disability; the defendant's age, character, behavior, environment, and other sentencing conditions.

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.