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(영문) 창원지방법원 2015.11.12 2015노888
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (7 million won of a fine) is too unhued and unreasonable.

2. The judgment of the court below committed the instant crime which caused personal injury during the period of suspension of execution, including the fact that the Defendant committed the instant crime which caused personal injury while driving without a license during the period of suspension of execution, and that the blood alcohol level was higher than 0.117%, and that there was a record of being punished for driving without a license twice in the past. However, the instant crime subject to suspension of execution is a different type of crime, and there was no record of punishment for driving without a license, and that the degree of injury of the victims is relatively minor and that the Defendant reflects the Defendant’s mistake in depth, it cannot be viewed that the court below’s punishment is unfair by examining the sentencing conditions specified in the arguments, such as the Defendant’s age, environment, background and consequence of the crime, and the circumstances after the crime.

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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