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(영문) 대전지방법원 2015.04.10 2014노2515
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year and six months of imprisonment, and three years of suspended execution) is deemed to be too unhued and unfair.

2. Determination

A. The crime of this case is a case where the defendant, while driving on an expressway while under the influence of alcohol, caused the collision of tourist buses and the death of a passenger, and the defendant suffered an injury to passengers, such as tourist bus drivers, etc., and the nature of the crime is very heavy.

B. On the other hand, there are more favorable circumstances such as that the defendant's agreement with the bereaved family members of the victim F and the victim D, who is a tourist bus driver, does not want the punishment of the defendant, the injury of the other victims is minor, the defendant's driver's vehicle is covered by a comprehensive automobile insurance, the defendant's vehicle was also covered by a comprehensive automobile insurance, the defendant was also in need of mental and medical treatment due to external stress, stress, etc., and the defendant's mistake is divided into one's own mistake and again is expected not to drive under the influence of alcohol.

In addition, considering all sentencing conditions indicated in the instant case, such as Defendant’s age, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

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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