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(영문) 대구지방법원 2016.12.15 2016노1829
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two-month imprisonment, two-year suspended sentence, eight-hours of community service order, and forty-hours of order to attend a compliance driving lecture) is too unhued and unreasonable.

2. The blood alcohol content of the instant case is 0.121% and considerably high, and the degree of injury of the victims is considerably significant.

However, the defendant is against the facts charged, and when the defendant comes to the trial, he does not want the punishment of the defendant by mutual consent with the victim E, and the vehicle operated by the defendant is also covered by a comprehensive insurance.

In addition, there is no special criminal history against the defendant.

In addition, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the lower court’s sentence is not deemed unreasonable.

3. 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.

Article 3(1), proviso of Article 3(2)2 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act are clearly written errors in the provisions of Article 3(1), proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act. Thus, the ex officio correction is ex officio.

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