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(영문) 대구지방법원 2017.12.07 2017노3269
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in six months of imprisonment, and forty hours of compliance driving lectures) is deemed to be too uneasible and unfair.

2. Despite the fact that the defendant had already been punished for driving under drinking, he/she causes a traffic accident where the vehicle is towed while driving the vehicle in violation of the signal while driving at a high level of 0.161% alcohol level during his/her blood, which is likely to be criticized in that he/she suffered an injury by the victims, and among them, he/she suffers serious injury, such as cage cage cages, etc.

However, in full view of all the sentencing conditions in the records and arguments, including the defendant's age, sex, environment, occupation, and circumstances after the crime, the sentence of the court below is too unreasonable and it is not recognized that it is unfair in light of the following: (a) the victims are not subject to the punishment of the defendant by agreement with the victims; (b) the vehicle is covered by the comprehensive motor vehicle insurance; (c) the defendant has no criminal record other than once a fine; and (d) the defendant has no criminal record.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.

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