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(영문) 수원지방법원 2015.07.03 2015노489
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the community service order of two years of suspended execution and one hundred and twenty hours of imprisonment for eight months) of the lower court is deemed to be too unhued and unreasonable.

2. The defendant is driving a motor vehicle while under the influence of alcohol with a blood alcohol concentration of 0.104%;

The nature of the crime is heavy in that it causes a traffic accident in violation of the signal, and the victim D suffers a serious injury that enables the victim D to control part of the ledger.

However, in full view of the fact that the defendant has no record of criminal punishment, and that the above victim does not want the punishment of the defendant under an agreement with the victim D, and other circumstances, such as the defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable.

Therefore, the prosecutor's above assertion of unfair sentencing is without merit.

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

(However, since it is clear that the “victim N” was omitted after the 7th criminal facts of the lower judgment, it shall be corrected in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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