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(영문) 서울고등법원 2013.05.09 2013노815
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty of eight million won (a fine of eight million won) is deemed to be too unhued and unfair.

2. At the time of the instant judgment, it is recognized that there was a high level of driving of the Defendant at the time of the instant judgment, and that such drinking driving caused a traffic accident.

However, in full view of the following facts: (a) the vehicle driven by the defendant was covered by a comprehensive insurance; (b) some victims do not want to be punished against the defendant; (c) the defendant has no record of having been sentenced to imprisonment without prison labor or heavier punishment before the instant case; (d) the defendant would lose his current workplace if he is sentenced to a suspended sentence of imprisonment with prison labor or more; and (e) the defendant is in depth divided into his mistake; and (e) the defendant's age, character and conduct, and environment and various sentencing conditions shown in the argument of the instant case, such as the defendant's age, character and environment, it cannot be deemed that the sentence imposed by the

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.

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