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(영문) 의정부지방법원 2015.02.13 2014노1195
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence in August, community service hours, and forty hours of compliance driving class) declared by the court below is too uneased and unreasonable.

2. In light of the fact that the Defendant had been punished twice due to driving without a license even before, and that there was a history of having been sentenced to suspended sentence by causing a traffic accident, the victim’s negligence, which caused the instant accident, is very large, and the injury suffered by the victim was considerably significant, the need to punish the Defendant strictly.

However, in full view of all the circumstances such as the Defendant’s confession and reflect on the instant crime, and the Defendant appears to have caused the instant crime while driving under the influence of mathn of the preceding day of the instant case. At that time, the Defendant’s blood alcohol concentration is not very high, the vehicle driven by the Defendant is subscribed to a comprehensive automobile insurance, the Defendant deposited KRW 3 million for the victim at the lower court, and the Defendant’s age, character and behavior, environment, occupation, circumstance and details leading to the instant crime, and circumstances following the instant crime, etc., it cannot be deemed that the sentence of the lower court is unreasonable as it is excessively unreasonable.

Therefore, prosecutor's assertion is without merit.

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

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