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(영문) 전주지방법원 2017.03.31 2016노1890
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too uneasy and unreasonable.

2. The judgment of the court below is that the crime of this case was committed by the defendant while driving a drinking alcohol and causing a traffic accident to inflict injury upon the victims requiring approximately two weeks of medical treatment, and its nature is not weak, and the alcohol concentration level at the time of detection reaches 0.11%, and the driving of drinking is a crime that may cause serious danger to the life and property of another person as well as himself/herself, and thus, it is necessary to strictly punish the defendant.

On the other hand, there is no past history of criminal punishment or a fine heavier than that of a fine for the same crime, the degree of injury suffered by the victims due to the traffic accident of this case is relatively minor, the victims do not want the punishment of the defendant, the victims do not want the punishment again, the victims do not want the driving of drinking again, the defendant's will not drive drinking again, and the defendant's consciousness want the Defendant's wife to be blickly.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

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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