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(영문) 전주지방법원 2017.02.17 2016노1749
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (7 million won in penalty) is too uneasy and unreasonable.

2. The crime of this case is a case where the Defendant, while driving under the influence of alcohol 0.109% while blood alcohol while driving, caused a traffic accident to cause three victims with injury requiring two weeks’ medical treatment, and the nature of the crime is not somewhat weak, and the Defendant has already been subject to criminal punishment of a fine due to driving of alcohol, etc., which is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflects the mistake, the degree of injury suffered by the victims is relatively minor, and the victims do not want the punishment of the defendant under a mutual agreement between the victims and the victims, and the same mistake is not repeated again.

It is hard to say that it is favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s 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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