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(영문) 창원지방법원 2016.02.18 2015노1592
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (the imprisonment of eight months, the suspension of the execution of two years, the community service hours, and the lecture hours of compliance driving 80 hours) is deemed to be too uneasible and unfair.

2. In the state of drinking alcohol level of 0.115%, the Defendant was found to have caused an accident of receiving a signal waiting vehicle while driving a vehicle without a mandatory insurance without a driver’s license in the state of drinking, and there is no effort to recover damage even if the Defendant inflicted an injury on the six victims, and there is no record of punishment once due to driving without a driver’s license and driving without a driver’s license, and there is no previous record of driving of drinking and driving without a driver’s license.

However, in light of the above circumstances, the victims’ injury is relatively minor, and the victim E does not want the punishment of the defendant, and the victim E does not want the punishment of the defendant, and considering the favorable circumstances, such as both the three preceding times of punishment and the absence of other criminal records, and other conditions of sentencing as indicated in the arguments, such as the defendant’s age, sex, environment, circumstances, and result of the crime, etc., the sentencing of the court below cannot be deemed unfair because it is too unfasible.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, the application of the statutes of the judgment of the court below shall be corrected as follows:

Application of Statutes

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (in cases of occupational and de facto occupation), Article 148-2(2)2, and Article 44(1) of the Road Traffic Act (in cases of drinking), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (in cases of driving without a license), Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (in cases of entering into mandatory insurance) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Article 40 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 50 of the Act on Special Cases Concerning the Settlement of Traffic Accidents against E with the largest criminal situation).

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