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(영문) 대전지방법원 2015.04.15 2014노2720
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for 10 months and 2 years of suspended sentence) of the lower court’s sentence against the Defendant is too uneased and unreasonable.

2. Determination is that the blood alcohol level (0.130%) was not lower at the time of the instant crime, and that the Defendant suffered injury to a large number of victims is disadvantageous to the Defendant.

However, the following are the circumstances favorable to the Defendant: (a) the Defendant led to the confession of the instant crime and reflects his mistake in depth; (b) driving a vehicle covered by a comprehensive insurance and paid medical expenses and repair expenses to the victims; (c) the injury of the victims is relatively minor; (d) the two victims expressed their intent not to want the punishment of the Defendant; and (e) the Defendant has no record of criminal punishment.

In light of the above circumstances and other circumstances that lead to the instant crime, including the circumstances and motive, the circumstances after the commission of the instant crime, the defendant's age, character and conduct, family relationship, environment, occupation, etc., there is no change in circumstances to determine the sentence differently from the original judgment, and the scope of the sentencing guidelines for the enactment of the Sentencing Committee and the standards for the suspension of execution [major pride] minor injuries and criminal punishment, it is difficult to view that the sentence of the lower court is too unreasonable, and thus, the prosecutor's allegation of unfair sentencing is rejected.

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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