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(영문) 대구지방법원 2019.09.27 2019노2808
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) is too unhued and unreasonable.

2. It is recognized that the Defendant had already been convicted of a total of four times of punishment including one time of suspended sentence due to drinking driving, in particular, on July 20, 2018, the Defendant committed the instant crime during the period of suspended sentence, for which the two-year judgment of suspended sentence became final and conclusive on October due to drinking driving, etc. on July 20, 2018, and the instant case caused traffic accidents, and the Defendant’s blood alcohol concentration is relatively high to 0.119%.

However, it is also recognized that there are no criminal records, such as the fact that the defendant recognized all the crimes of this case, the fact that the economic situation is difficult, if the sentence is finalized in this case, ten months of the suspended sentence should be additionally sentenced, the agreement between the two victims and the two victims, and there are no criminal records.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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