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(영문) 창원지방법원 2017.11.23 2017노2644
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (the imprisonment of eight months and the suspension of execution of two years) is too unhued and unfair.

2. There is an unfavorable circumstance against the Defendant, such as the fact that the Defendant was punished twice due to drinking, that the Defendant caused a traffic accident by negligence while driving a drinking, resulting in a traffic accident by neglecting his duty of safety care, causing the victims of that person's serious injury, in particular, the victim E suffered an excessive injury of 14 weeks from the troke of the right side body, such as cutting the body frame, etc., and that the Defendant's blood concentration level at the time was higher than 0.107%.

However, in full view of the following circumstances, including the fact that the defendant recognized the crime, the fact that the defendant agreed with the victims, the defendant has no record of being punished three times, including the previous conviction of the above drinking alcohol driving, the defendant supports the mother of the defendant alone, and the defendant's age, environment, sexual conduct, circumstances before and after the crime, and other various conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sexual conduct, circumstances before and after the crime, the punishment imposed by the court

Even if it is not so unfair that it should be destroyed.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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