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(영문) 춘천지방법원 강릉지원 2014.05.27 2014노121
교통사고처리특례법위반등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination is the circumstances favorable to the Defendant that the Defendant led to the confession and reflect of the offense, and that the injury suffered by the victim is relatively minor.

Meanwhile, in light of the following: (a) the Defendant was punished several times due to traffic accidents, alcohol driving, etc.; (b) caused an accident by driving again while driving in the same kind of crime; (c) the Defendant’s blood alcohol level at the time reaches 0.194%; (d) the Defendant’s blood alcohol level reaches 0.194%, taking into account the favorable circumstances for the Defendant; (b) the Defendant’s age, occupation; (c) details of the instant crime; and (d) various sentencing conditions indicated in the instant argument, such as the circumstances after the instant crime, etc., the lower court’s punishment cannot be deemed to be too harsh or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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.

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