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(영문) 수원지방법원 2016.11.02 2016노4068
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the lower court’s punishment (7 million won of a fine) is too unhued.

2. The judgment of the court below is justifiable in light of the fact that the defendant was under the influence of alcohol and sustained injury to the victims, and that there was a record of punishment several times for the same kind of crime even before and after the defendant was under the influence of driving the taxi, and that the defendant was under the influence of punishing the victims. Meanwhile, the defendant was under the confession of all the crime of this case and reflects his mistake in depth, there was no penalty record exceeding the fine, among the victims, there was only agreement with the defendants, among the victims, that the defendant deposited KRW 1 million for the taxi driver, and the degree of injury was minor in the case of the above victims, and there was no special circumstance to change the sentence of the court below at the time of the above victims, and there was no other circumstance to change the sentence of the court below in light of the defendant's age, character and behavior, intelligence and environment, motive, method, method, and consequence of the crime, the situation before and after the crime, the prosecutor's assertion of unfair sentencing is not acceptable.

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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