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(영문) 대전지방법원 2015.05.08 2014노3484
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year and six months of imprisonment, and three years of suspended execution) is deemed to be too unhued and unfair.

2. Determination

A. In light of the fact that the defendant's crime of drunk driving results in the death of two victims, it is necessary to punish the defendant strictly.

B. Meanwhile, there are extenuating circumstances, such as the confession of the crime, the Defendant’s violation of the law, the absence of previous convictions, the victims’ bereaved family members and the workplace compensation agreed to the Defendant’s wife, and the Defendant’s health status is not good due to the instant accident.

In addition, considering all of the sentencing conditions in the instant case, such as the Defendant’s age, family relationship, living environment, relationship with victims, developments and result, and circumstances after the crime, the sentence of the lower court is adequate.

3. The appeal by the prosecutor of the conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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