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(영문) 서울중앙지방법원 2017.06.08 2016노5201
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible that the sentence (five million won penalty amount) imposed on the defendant is too unfased.

2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant was punished for a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) on July 29, 2016, while driving a taxi under the influence of alcohol in the license without permission and driving the taxi at the front direction, thereby causing injury to the victims. The crime of this case is committed more than two months after the fact that the Defendant committed the crime of this case.

However, the circumstances favorable to the defendant include the fact that the defendant is recognized as committing the instant crime, the fact that both the victims and the victims have agreed smoothly, the degree of injury to the victims, the degree of alcohol concentration is not higher than 0.068%, and the fact that there is no past record of the suspended execution or higher, etc.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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

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