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(영문) 창원지방법원 2020.04.09 2019노2885
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a term of one year, two years of suspended sentence, one hundred and twenty hours of community service, and forty hours of participation in compliance driving lectures) of the court below is too uneasible.

2. The crime of this case is deemed to have caused a traffic accident while driving a motor vehicle while under the influence of alcohol of 0.087% and caused an injury to the victim. Considering the fact that the Defendant did not agree with the victim, it is necessary to strictly punish the Defendant.

However, considering the following circumstances: (a) the Defendant’s mistake is deeply divided and reflected in depth; (b) the Defendant is the primary offender; and (c) the Defendant’s driving vehicle is covered by a comprehensive motor vehicle insurance; and (d) the Defendant’s age, character and conduct, environment, history of the instant crime; and (b) the circumstances after the instant crime were committed, it does not seem that the lower court’s punishment against the Defendant is too unreasonable.

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

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