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(영문) 광주지방법원 2016.10.19 2016노1123
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment, 80 hours of community service order, and 40 hours of order to attend a compliance driving lecture) that the court below sentenced is too unfford and unreasonable.

2. The judgment of the Defendant committed the instant crime even though he/she had the record of being sentenced to a fine once due to drunk driving, and the Defendant’s blood alcohol concentration at the time of the instant case (0.207%) was very high, and the Defendant was unable to reach an agreement with the victim up to the trial.

On the other hand, the fact that the defendant properly recognizes his mistake and reflects it, the degree of injury suffered by the victim is relatively minor, the defendant pays a part of the amount to the victim for the recovery of damage, and deposits a part of the amount to the victim for the recovery of damage, the motor vehicle operating by the defendant is expected to recover from liability insurance to a certain extent, and the defendant has no other criminal records before and after the fine is imposed.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unreasonable.

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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