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(영문) 창원지방법원 2017.09.14 2017노1351
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (the imprisonment of eight months and the suspension of execution of two years) is too unhued and unfair.

2. There are circumstances unfavorable to the Defendant, such as: (a) the Defendant, who was sentenced to a fine on one occasion due to drinking alcohol, or a one-time suspended sentence, causing a traffic accident while driving a motor vehicle; (b) the injury of four victims is inflicted; and (c) the Defendant’s blood alcohol concentration level at the time of the occurrence of a traffic accident is not lower than 0.098%.

However, in full view of all the circumstances, including the fact that the defendant acknowledges and reflects all of the crimes, the injury of the victims is not excessive, the defendant agreed with the victims, the defendant's previous conviction in 2004 and 2009 that had no record of being punished for drinking during the past eight years, there is no special circumstance or change of circumstances to be newly considered in the trial, and other various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex behavior, circumstances before and after the crime, etc., it is not recognized that the sentence imposed by the court below is too unafford and unfair.

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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