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(영문) 창원지방법원 2017.07.13 2017노797

교통사고처리특례법위반(치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. There is an unfavorable circumstance to the defendant, such as that the defendant's blood alcohol concentration at the time of the board is high to 0.117%, and that the defendant, while driving under the influence of alcohol, has caused a traffic accident and has caused injury to the victims, etc.

However, in full view of various circumstances, including the fact that the defendant recognized the crime, the injury of the victims is not excessive, the fact that the defendant agreed smoothly with the victims, the fact that the defendant was the first offender who has no criminal history, the fact that the defendant was the disabled in the fourth degree of delayed disability, the fact that the defendant was a family member to support the defendant, and the defendant's age, environment, sex behavior, the circumstances before and after the crime, and the circumstances before and after the crime, and the sentencing conditions specified in the records and arguments of this case, it cannot be deemed that the sentence of the court below is too unjustifiable and unfair.

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