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(영문) 대전지방법원 2016.05.04 2015노3332
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence imposed on the Defendant (limited to six months of imprisonment, two years of suspended sentence, 80 hours of community service order, and 40 hours of order to attend a lecture) is too uneasy and unreasonable.

2. The crime of this case was committed under the influence of alcohol by negligence while driving a vehicle while under the influence of alcohol by the Defendant, which caused the injury to the victim by shocking the vehicle of the victim in the front direction. The crime of this case is committed under the influence of alcohol by the Defendant, with a higher alcohol level of 0.243%, the Defendant’s blood alcohol level is higher than 0.243%, there is a need to strictly punish the Defendant with a high risk of causing harm to his/her own and another person’s life and property, two times the history of punishment for the same crime, and the fact that there was no agreement with the victim is unfavorable to the Defendant.

On the other hand, the fact that the defendant is seriously against the crime of this case, the distance of the defendant's driving under the influence of alcohol is not so long and is not fast at the time, and the degree of the victim's injury is relatively minor, the defendant's vehicle is subscribed to mutual aid and the damage of the victim seems to have been recovered by the victim, and the records of the same crime of the defendant are punished by a fine in 2010, and there is no criminal history for the same crime of the defendant after being punished by a fine.

In full view of the above circumstances and the motive leading up to the instant crime, the circumstances after the instant crime was committed, the Defendant’s age, sexual conduct, family relationship, occupation, etc., and all the circumstances constituting the conditions for sentencing as shown in the records and arguments, the lower court’s sentence is too uneasible and deemed unfair, and thus, the Prosecutor’s allegation of unfair sentencing is rejected.

3. As such, 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.

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