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(영문) 청주지방법원 2017.01.12 2016노1024
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, the community service 40 hours, and the lecture of compliance driving 40 hours) is deemed to be too uneasible and unfair.

2. Circumstances unfavorable to the defendant are as follows.

The Defendant committed each of the instant crimes even though he/she was sentenced to a fine of KRW 15,00,000 due to a violation of the Road Traffic Act (driving of Drinking) and the Waste Management Act in 2008, and a fine of KRW 4,000,000 due to a driving of light drinking in 2013.

While the defendant is driving under drinking, he/she causes a traffic accident in violation of the signal.

At the time of each of the crimes in this case, the Defendant’s blood alcohol concentration is 0.117%, and the level of drinking is not less vulnerable.

Circumstances favorable to the defendant shall be as follows:

The defendant is deeply divided and reflected in each of the crimes in this case.

The vehicles operated by the defendant are covered by a comprehensive insurance, and the investigation agency agreed with all traffic accident victims.

The degree of injury suffered by traffic accident victims seems to be minor.

There is no record of criminal punishment exceeding the fine against the defendant.

In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

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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