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(영문) 청주지방법원 2017.07.13 2017노355
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 (the imprisonment of eight months, the suspension of the execution of two years, and the lecture hours of compliance driving 40 hours) is too uneasible and unfair.

2. Circumstances unfavorable to the defendant are as follows.

At the time of committing the instant crime, the Defendant was driving under the influence of alcohol level 0.148% while blood alcohol level and driving without obtaining a license. Furthermore, the Defendant caused a traffic accident and thereby inflicted injury on the victim.

In 2013, the Defendant was sentenced to a fine of KRW 5 million due to driving under the influence of alcohol and was sentenced to a fine of KRW 4 times due to driving under the influence of alcohol and one time due to driving without a license.

Circumstances favorable to the defendant shall be as follows:

The Defendant confessions each of the crimes of this case, and is divided.

The degree of injury suffered by the victim is light.

The comprehensive automobile insurance has been subscribed to with respect to the defendant's vehicle.

The defendant seems to have paid some of the medical expenses to the victim.

The Defendant has no record of being sentenced to punishment exceeding fine, and twice during the above drinking driving, the alcohol concentration in blood is 0.065% and 0.069%, and the blood alcohol concentration in blood is low, and the time of each crime is for a long time of 2008.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant case’s records and the previous theories, the lower court’s sentence, which sentenced the Defendant to a suspended sentence of imprisonment, cannot be deemed unfair as it is too unfortunate.

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 on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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