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(영문) 청주지방법원 2017.03.16 2016노1215
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 (for four months of imprisonment, two years of suspended execution, and forty hours of lecture in compliance driving) is too uneasible and unfair.

2. Circumstances favorable to the defendant are as follows.

The Defendant recognized and reflected the instant crime.

The defendant does not want punishment of the defendant by mutual consent between the victims and the victims.

The Defendant was a juvenile of 18 years of age at the time of the occurrence of the instant case.

The defendant has no history of criminal punishment.

Circumstances unfavorable to the defendant are as follows:

At the time of the accident in this case, the alcohol concentration of the defendant's blood at the time of the accident in this case is not lower than 0.13%.

In 2015, the Defendant received juvenile protective disposition that orders protection and social service due to a violation of the Special Act on the Operation of Minorly Drinking and the Settlement of Traffic Accidents, etc., and committed the instant crime during the protection and observation period.

In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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