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(영문) 광주지방법원 2017.10.26 2017노548
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unfluent and unreasonable.

2. In full view of the following circumstances: (a) the quality of the instant crime committed by the Defendant while driving a drinking alcohol and causing a traffic accident by the two or more victims; (b) the fact that the instant crime was committed during the period of suspension of execution of the Punishment of Violences, etc. Act (at present, the period of suspension of execution has been imposed); (c) the fact that there is no agreement with the victims; (d) the Defendant is against the mistake; (e) the injury suffered by the victims is relatively minor; (e) the victims are relatively minor; (g) the degree of alcohol concentration in blood was relatively high; and (e) other factors of sentencing as indicated in the instant records and arguments, such as the Defendant’s age, sexual behavior, environment, family relationship, circumstances after the commission of the crime, etc., the sentence of the lower court cannot be deemed unfair as it is too unreasonable.

3. The appeal by the public prosecutor on the conclusion of the judgment is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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