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(영문) 광주지방법원 2020.12.09 2019노3144
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 15 million (a fine of KRW 15 million) is too unhued and unreasonable.

2. In a state of drinking alcohol concentration of 0.213%, the Defendant, while driving under the influence of alcohol, was fluored with the central line and caused a traffic accident, thereby causing two victims. In light of the blood alcohol concentration and the background of the accident, the Defendant’s negligence is very serious and the victim F is very serious and serious to the victim’s injury. Therefore, it is not very good that the crime is committed.

However, the defendant shows the way to recognize and reflect the crime, and agreed with the victims.

The Defendant is an initial offender who has no criminal record.

In addition, considering the various circumstances, such as the defendant's age, character and conduct, environment, motive, method, and consequence of the crime, which are shown in records and pleadings, the court below's punishment is too uneasy and it is difficult to deem it illegal.

Therefore, prosecutor's assertion is not accepted.

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

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