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(영문) 수원지방법원 2015.05.29 2014노5723
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fines 8,00,000) is too unhued and unreasonable.

2. The Defendant, while driving a drunkly, caused a traffic accident, resulting in a harsh consequence from the death of the victim, and further, the above crime was committed within the repeated crime period as stated in the first head of the crime of the lower judgment.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects its depth; (b) the Defendant has no record of criminal punishment other than the above criminal record; (c) the blood alcohol content at the time of the Defendant’s accident at the time of the instant accident is not relatively higher than 0.051%; (d) the Defendant agreed with the bereaved family members; and (e) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime, etc., the lower court’s punishment is deemed unreasonable.

Therefore, the prosecutor's above assertion of unfair sentencing is without merit.

3. If so, 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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