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(영문) 의정부지방법원 2015.05.19 2014노2402
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, three years of suspended execution, three years of probation, and one hundred and sixty hours of social service) of the lower court is deemed to be too unhued and unreasonable;

2. Determination

A. The crime of this case is recognized that the crime of this case committed the crime of this case in the course of being tried on the condition that the vehicle was damaged by the collision of the vehicle in the present signal atmosphere while driving without a driver's license in the state of 0.191% of blood alcohol content. In light of the risk of drunk driving, etc., the crime of this case is not less complicated, in light of the risk of drunk driving, etc., the victims' damage was recovered or did not agree with the victims, and the defendant was damaged by the vehicle in the course of being tried on the condition that the vehicle was damaged without a driver's license without a driver's license, and even around 2010, there was

B. However, in full view of the following circumstances: (a) the Defendant led to the confession of the instant crime, and the Defendant would not repeat the instant crime in depth; (b) appears to have been given the time to reflect during the period of prison life for two months; (c) the victim’s injury was not relatively heavy; (d) the vehicle driven by the Defendant is covered by a comprehensive insurance; (c) the vehicle is the most liable for family’s livelihood; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) all other circumstances constituting the condition for sentencing, such as the circumstances after the commission of the crime, the sentence of the lower court is too una

C. 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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