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(영문) 대전지방법원 2015.05.20 2014노3253
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of eight million won) imposed by the lower court on the Defendant is too unfased and unreasonable.

(3) If a public prosecutor appealed only to the guilty portion of the judgment of the court below on the ground of unreasonable sentencing, the violation of the Road Traffic Act, dismissed by the court below, is not included in the scope of the judgment of the court below). 2. Determination of the judgment of the court below. The defendant, while driving under the influence of alcohol level (0.144%) with low blood alcohol level (0.14%), he suffered an injury to eight victims on the total three vehicles, causing a traffic accident, and the vehicle under the name of another person driving by the defendant is covered by a comprehensive insurance, but the defendant was not subject to the insurance contract under the insurance terms and conditions, but the defendant was not subject to the insurance contract. The defendant's act related to traffic was committed one sentence, one suspended sentence,

However, the Defendant led to the confession of the instant crime and reflects the Defendant’s mistake in depth, and agreed with all the 8 victims of the injury (Evidence Records 29 pages, 39 pages, 46 pages, 52 pages, 65 pages, 75 pages, 86 pages, 93 pages), the fact that the Defendant recovered the material damage of the damaged vehicle and agreed with all 3 persons on the name of the vehicle owner (the 31st, 31, 65 pages of the trial record), the fact that the injury suffered by the victims is relatively minor is favorable to the Defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the arguments and records, there is no change in circumstances to determine different sentences from the lower court. As such, the lower court’s sentence is too uneasible and unreasonable, the Prosecutor’s allegation of unfair sentencing is rejected.

3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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