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(영문) 대구지방법원 2014.12.18 2014노2333
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is too unhued and unreasonable.

2. The Defendant has been punished several times due to drinking, unlicensed driving, etc. (three times a fine, one time a suspended sentence), and also committed the instant crime during the suspended sentence due to the same criminal act.

The influence level of blood alcohol was 0.186%, and the degree of traffic accident is 0.186%, and the quality of the crime is not less than that of the victim by causing the traffic accident.

However, after being sentenced to a fine on one occasion in 202, 2006, and 2007 due to drinking, drinking, or unlicensed driving, the defendant has no record of being punished for the same kind of crime as well as for other crimes for about six years until 2013, and the defendant has not committed a second offense by reflecting the mistake of the crime in depth.

The degree of injury of the victim is relatively minor, and the victim paid 5 million won to the victim and the victim did not want the punishment for the defendant.

There are circumstances in which the defendant is faithfully engaged in the clothing miscellaneous distribution business and supports the father of old age.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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

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