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(영문) 의정부지방법원 2015.06.16 2015노620
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, 2 years of suspended sentence, 40 hours of attending the law-abiding lecture, 80 hours of community service order) of the lower court is too uneasy and unreasonable.

2. Determination

A. On June 8, 2012, the Defendant was sentenced to a fine on three occasions due to a drunk driving, and the Defendant had a record of having been sentenced to imprisonment without prison labor for four months, a suspended sentence of one year, due to a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and the Defendant’s blood alcohol concentration is very high to 0.212%, and the Defendant caused a traffic accident due to negligence that intrudes the central line, etc. are disadvantageous to the Defendant.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession and reflect of the instant crime; (b) the victim did not want the punishment of the Defendant by mutual consent with the victim; and (c) the Defendant’s age, circumstances leading to the commission of the instant crime; and (b) and other circumstances constituting the conditions of sentencing as indicated in the instant pleadings, such as the circumstances after the commission of the crime

C. Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal 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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