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(영문) 수원지방법원 2017.01.20 2016노5794

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 (five million won in penalty) is too unhued and unreasonable.

2. The judgment is an unfavorable sentencing condition against the Defendant, for the following reasons: (a) the Defendant was under the influence of alcohol content 0.117% while driving a blood while under the influence of alcohol and resulting in a traffic accident and the Defendant’s liability was not provided against the victims by causing an injury; and (b) the Defendant had been punished once due to driving under the influence of alcohol even before committing the instant crime.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant offenses, and is against the victim; (b) the degree of injury suffered by the victims is not serious; (c) the Defendant agreed with the victims smoothly; and (d) the victims who illegally crossed the instant case appears to have caused the occurrence of an accident; and (b) the Defendant’s age, sexual conduct, environment, family relationship, and circumstances after the commission of the instant offense; and (c) it is deemed that the Defendant’s punishment is too uneasible and unfair; and (d) thus, the Prosecutor’s improper assertion of sentencing is not acceptable.

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