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(영문) 수원지방법원 2017.01.13 2016노6078

교통사고처리특례법위반등

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The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. The judgment of the defendant caused a traffic accident by breaking the central line while driving a vehicle while under the influence of alcohol 0.154% in blood. Accordingly, the defendant's liability of the defendant due to 3 injured persons is not minor.

However, in full view of the following circumstances: (a) the Defendant, who had no criminal history prior to the instant crime, recognized all the instant crimes as a primary offender with no criminal history; (b) the victim’s injury is not severe; and (c) the Defendant appears to have recovered from damage through insurance covered by the Defendant; and and (d) other circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, sex, conduct, environment, family relationship, and circumstances after the instant crime, the lower court’s punishment is too unreasonable and thus, the Prosecutor’s above unfair 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.