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(영문) 울산지방법원 2015.08.21 2015노529
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, one hundred and twenty hours of community service, and forty hours of order to attend a course) of the lower court is deemed to be too uneasible and unreasonable;

2. In light of the fact that the defendant had already been punished three times due to drinking driving, and the driving of drinking alcohol is dangerous crimes that may cause serious damage to the body and property of others as well as himself, even though he had already been punished, and that the crime of this case was committed by the defendant, the danger of the danger is realized, three vehicles are damaged, one driver is injured, and the vehicle of the defendant driving has not been covered by mandatory insurance.

However, considering the favorable circumstances, such as the fact that the defendant recognized all of the crimes in this case, the defendant's drinking, the defendant's drinking is deemed to have been preceding before the day, and there are circumstances that can be considered in light of the circumstances leading to the drinking driving, the blood alcohol concentration is relatively low, and the victim G and I compensate for all damage inflicted upon the victim G and I. In full view of various sentencing factors indicated in the record, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, motive and circumstance of the crime, the means and consequence of the crime, the circumstance after the crime, etc., the sentence of the court below is too unreasonable. Thus, the prosecutor's above assertion is without merit.

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.

However, in accordance with Article 25 of the Regulation on Criminal Procedure, Article 151 of the Road Traffic Act of the third section 14 and the 15th section of the judgment of the court below among the application of the law of the court below shall be deemed to be Article 151 of each Road Traffic Act, and Article 20 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 25 of the Act on Special Cases Concerning the Settlement of Traffic Accidents shall be deemed

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