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(영문) 광주지방법원 2015.12.10 2015노1352
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fines 7,00,000) is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance where: (a) the Defendant shocked the vehicle on the part of the victim by gross negligence due to drunk driving and suffered injury to the victim; and (b) the quality of the crime is not good in light of the Criminal Procedure Act; (c) the Defendant’s blood alcohol concentration at the time of driving under the influence of alcohol was higher than 0.218%; (d) the Defendant was not agreed with the victim until now; and (e) the Defendant was punished once for the same

However, considering all of the sentencing conditions in the instant case, such as the following facts: (a) the Defendant’s mistake is divided and rebuttaled; (b) the Defendant does not repeat; (c) the victim’s injury (in need of two weeks’ treatment); (d) the victim’s injury is not serious; (e) the victim’s comprehensive motor vehicle insurance is expected to have been covered; and (e) the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc., all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, character and conduct; and (e) the circumstances after the commission of the crime, etc., the Prosecutor’s allegation is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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