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(영문) 대구지방법원 2017.03.16 2016노3257
교통사고처리특례법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment of the court below (the imprisonment of six months, the suspension of execution of two years, the community service order 40 hours, the order to attend a law enforcement lecture, 40 hours) is too unreasonable, and the prosecutor is too unfasible and unfair.

2. The Defendant recognized the facts charged and reflected in the facts charged, and the victims do not want to punish the Defendant by mutual consent with the victims of the traffic accident.

The defendant is the first offender.

On the other hand, the Defendant caused the instant traffic accident by gross negligence, which is a drinking driving and a median line, thereby causing five victims of injury.

At the time of the instant crime, alcohol concentration among the blood of the Defendant is very high.

In addition, in full view of all the sentencing conditions on the records, such as the defendant's age, sex, environment, and circumstances after the crime, the sentence imposed by the court below is deemed appropriate, and it is not recognized that the sentence imposed by the defendant is too heavy or unbrupt and is unfair.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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