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(영문) 창원지방법원 2015.01.22 2014노2342
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is that each of the crimes of this case committed by the defendant while driving a vehicle while under the influence of 0.20% of alcohol concentration in blood, and taking the vehicles of D, victim F, and J driving by negligence and trying to avoid any conflict with the defendant's vehicle, and the victim H driving vehicle is ordered to get the victim's H driving vehicle to get the 12th day off the road, thereby resulting in each of the 3 to 2th day left-hands of the 12th day in front to the victim F, the victim H, and J, and the case is not somewhat weak. In light of the above facts, since the defendant did not agree with the victim F until the trial, the above victim's severe punishment against the defendant is too unfair (one year of imprisonment, two years of suspension of execution, and one hundred and twenty hours of social service order).

2. Taking into account the circumstances alleged by the judgment prosecutor, the following circumstances are considered: (a) the Defendant is led to confession and reflect; (b) the vehicle of the Defendant’s driver subscribed to an automobile comprehensive insurance policy and the insurer paid the victim F the sum of KRW 57,322,70,00; (c) the victim J and H are not punished against the Defendant; (d) the victim of the instant traffic accident; (c) the Defendant is a primary offender with no criminal power; (d) the character, conduct and environment of the Defendant; and (e) the background and consequence of each of the instant crimes; and (e) the circumstances surrounding each of the instant crimes and arguments, etc., which are conditions for sentencing as shown in the records and arguments, the lower court’s sentence cannot be deemed unfair, and thus,

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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