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(영문) 대전지방법원 2020.10.07 2019노3692
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) considering the fact that the Defendant, who was punished for a violation of the Road Traffic Act due to a drunk driving, such as this case, has caused a traffic accident while driving under the influence of 0.165% of alcohol level; and (b) social consensus on the necessity of a drunk driving is formed, the sentence of the lower court (fine 7 million won) is too uneasible and unreasonable.

2. We examine the judgment on the grounds of appeal, and the above circumstances alleged by the prosecutor are deemed to have been sufficiently considered in the court below’s determination of the punishment at the court below. Moreover, considering the following factors, considering the fact that the defendant committed the instant crime, and the defendant has no history of punishment except for a minor fine, and the defendant has reached a full agreement with the victim of the instant traffic accident, it does not seem that the sentencing of the court below exceeded the reasonable scope of discretion because the sentencing of the court below is too uneasible.

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

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