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(영문) 창원지방법원 2017.09.28 2017노2307
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unhued and unfair.

2. On June 16, 2016, the Defendant was sentenced to the suspension of the execution of imprisonment for six months by driving under the influence of alcohol at the Changwon District Court was sentenced to the suspension of the execution of six months by driving under the influence of alcohol (three times of punishment, one time of suspension of the execution of the sentence), and the Defendant was under the suspension of the execution of six months by driving under the influence of alcohol at the Changwon District Court was under the suspension of the execution of six months by driving under the influence of alcohol, the Defendant’s blood concentration level at the time was considerably high 0.292%; the Defendant was under the influence of alcohol level at the time of driving under the influence of alcohol or without a license; the Defendant was under the influence of alcohol and without a license; the Defendant was under the influence of the victims by causing a traffic accident; in particular, the victim F was under the influence of six weeks prior to the said traffic accident; and there was no agreement with the victims.

However, in full view of the various circumstances, including the Defendant’s recognition of the crime, the victim D, and G injury, and the victims were paid a total of KRW 11 million in the name of the agreed gold and treatment expenses through the liability insurance of the vehicle, and the Defendant’s age, environment, sex, circumstances before and after the commission of the crime, and the circumstances before and after the commission of the crime, it is not recognized that the sentence imposed by the lower court is too unjustifiable and unreasonable.

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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