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(영문) 광주고등법원 (전주) 2013.03.26 2013노14
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too uneasible that the sentence imposed by the court below on the defendant (two years of suspended sentence for eight months of imprisonment, two years of probation, two hundred hours of social service, and forty hours of compliance driving) is too uneasy and unreasonable.

2. In light of the fact that the defendant was sentenced to a fine twice due to the violation of the Road Traffic Act (driving) in 2009, as well as the fact that the defendant was sentenced to a fine of 4 million won due to the criminal act committed by the Jeonju District Court on July 19, 2012 after having caused a traffic accident in the Jeonju District Court's branch branch, and in particular, the defendant was sentenced to a summary order of 4 million won due to the criminal act committed by the defendant, and the defendant's blood alcohol concentration was 0.185% and the blood alcohol concentration was 0.185% and the defendant's blood alcohol concentration was 0.185%, the defendant's liability

However, in full view of all of the sentencing conditions in the instant case, including the Defendant’s age, character and conduct, environment, motive and means of crime and consequence, etc., including the fact that the Defendant was able to not drive under the influence of alcohol in the future as his mistake is divided in depth, there is no history of punishment exceeding the fine, and the vehicle driven by the Defendant is covered by a comprehensive insurance policy, etc., the prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too unreasonable.

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

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