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(영문) 청주지방법원 2016.07.22 2016노539
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 (eight months of imprisonment) is too unhued and unreasonable.

2. The Defendant, while driving a vehicle while under the influence of alcohol, was in a very large degree of violation of the duty of care, and the instant traffic accident was serious in light of shock at the time of the accident, degree of damage to the vehicle, etc.

Considering the fact that the victim's injury is very significant due to the crime of this case, the fact that the defendant has been punished for driving two times or more or more, and the fact that the victim's damage has not been recovered properly, it is reasonable to punish the defendant strictly.

However, there are the following favorable circumstances for the defendant.

The Defendant recognized all the crimes of this case and reflected the mistake.

The Defendant, who was punished in 200 and 2001 due to drinking driving, did not have the same record until the crime of this case was committed, and was under conflict with his spouse at the time of the crime of this case, there are reasons to consider the circumstances leading to the crime of this case as follows.

The defendant has an occupation where a heavy equipment engineer works nationwide, and the failure to appear on the trial date of the court below is also due to the above reasons. There are reasons to consider the reasons why the absence was made.

The defendant is not good in economic circumstances.

In addition, comprehensively taking account of various circumstances, such as the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, relationship with the victim, and circumstances after the commission of the crime, the lower court’s sentencing is too uncomfortable and unreasonable.

Therefore, the prosecutor's ground of appeal cannot be accepted.

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, and it is so decided as per Disposition (Article 2-4 of the judgment of the court below).

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