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(영문) 수원지방법원 2019.01.09 2018노6941
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 (two months of imprisonment, two years of suspended execution, community service order, and 40 hours of order to attend each of the law-abiding lectures) is too uneased and unreasonable.

2. The instant crime is an unfavorable circumstance to the Defendant, in light of the following: (a) the Defendant’s act of committing the instant crime is not a crime that inflicts bodily injury on the victim due to driving under influence of alcohol; (b) the Defendant’s act of drinking alcohol is relatively high; and (c) the Defendant

On the other hand, the fact that the defendant's mistake is against the defendant, there is no penalty force exceeding the fine, and the fact that the defendant's vehicle has been covered by the comprehensive motor vehicle insurance is favorable to the defendant.

Considering the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for committing a crime, and circumstances before and after committing a crime, it is difficult to deem that the sentence of the lower court is too unjustifiable and unreasonable.

Therefore, 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.

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