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(영문) 서울중앙지방법원 2014.07.03 2014노1180
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of imprisonment for eight months, two years of suspended execution, and one hundred and twenty hours of community service, which the court below sentenced to the defendant, is too unfford.

2. The judgment of the defendant is disadvantageous to the defendant, such as the fact that the defendant violated signal while driving a motorcycle while under the influence of alcohol, and harming the victims of the crosswalks, and the injury in the case of the victim C is not minor.

However, in full view of the following factors: (a) there is no history of punishment for the Defendant; (b) there was no punishment heavier than a fine; (c) liability insurance was subscribed for; (d) there was a certain amount of money deposited by the lower court for the victims; and (e) the victim C who suffered severe injury expressed his/her intention that he/she does not want to be subject to strict punishment; and (b) all the sentencing conditions indicated in the record and pleadings; and (c) the scope of recommended sentencing guidelines for the Supreme Court (one to one year and six months), even if considering the above unfavorable circumstances, the sentence imposed by the lower court is deemed unreasonable.

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

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