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(영문) 대구지방법원 2016.07.07 2016노1611
교통사고처리특례법위반등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. On the summary of the reasons for appeal, the defendant asserts that the court below's punishment (one year and ten months of imprisonment) is too unfasible, and the prosecutor is too unfasible and unfair.

2. The Defendant recognized the facts charged and reflected in the facts charged, and the degree of injury of the victims of sexual intercourse is not severe, and the Defendant did not want the punishment of the Defendant upon agreement with them.

However, under the influence of alcohol content 0.097% in blood, the Defendant died and two persons of the instant accident that occurred while breathing the central line while under the influence of alcohol, and the dead vehicle driven by the victim was considerably damaged to the extent of scrapping, and the vehicle driven by the Defendant is compensated only within the scope of liability insurance.

In addition, the defendant has been punished for driving alcohol, and the bereaved family members of the deceased victim wanted to be punished for severe punishment.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, environment, sex, background leading up to the instant crime, and circumstances after the instant crime, the lower court’s punishment is not deemed unfair or unreasonable.

3. The appeal filed by the defendant and the prosecutor is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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