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(영문) 대구지방법원 2016.12.01 2016노1021
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (one year of imprisonment and three years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. One of the instant traffic accidents caused the death of the victim.

However, in full view of the following facts: (a) the Defendant recognized the facts charged in the instant case; (b) the Defendant caused the instant traffic accident after drinking alcohol at night on the day immediately before the accident occurred; (c) the blood alcohol concentration level of the instant case was lower than 0.05%; (d) the Defendant reached an agreement with the bereaved family members; (e) the Defendant is obliged to receive medical treatment on a regular basis due to abnormal skills in the extension function; and (e) other sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, and conditions after the crime, the lower court’s punishment is deemed unreasonable.

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

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