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(영문) 창원지방법원 2015.06.18 2015노457
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two months of imprisonment, two years of suspended execution, two years of probation, one hundred and sixty hours of community service, and forty hours of a compliance driving course) is deemed to be too uneasy and unfair.

2. The judgment of the defendant has the record of being punished four times due to drinking driving or refusal to measure drinking, and in particular, even though being sentenced to a suspended sentence in 2011, he/she again drives the instant drinking, the blood alcohol concentration at the time is very high to 0.199%, and the signal waiting vehicle causes human damage by causing an accident at a considerable rate of time.

However, considering the circumstances such as that the Defendant’s vehicle is covered by a comprehensive automobile insurance policy and the Defendant agreed separately with the victim, the injury suffered by the victim is not hot as three weeks in need, and the Defendant is in depth divided, it is difficult to deem that the lower court’s punishment is unreasonable because it is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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