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(영문) 광주지방법원 2015.11.19 2015노917
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (a fine of 6 million won) is too unhued and unreasonable.

Judgment

On April 29, 2014, the Defendant issued a summary order of KRW 4 million due to a drunk driving, but six months have not passed since it was issued, causing a traffic accident while driving a tea or without a license, and the blood alcohol concentration of the Defendant is very high to 0.220%, etc. are disadvantageous factors for sentencing.

However, in light of the following factors: (a) the Defendant divided his own crime into one’s own crime, and the victim’s injury is not severe; (b) the victim’s family members and branch members agreed with the victim; and (c) the Defendant’s family members and branch members want to take the Defendant’s preference to the Defendant; and (d) other factors of sentencing indicated in the arguments, such as the background of the crime in this case; (b) circumstances after the crime in this case; (c) the Defendant’s age, character and conduct; and (d) the Defendant’s punishment is too uneasible and unreasonable; and

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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