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(영문) 대구지방법원 2017.01.19 2016노2560
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (the imprisonment of eight months, the suspension of execution of two years, the community service order 80 hours, the order to attend a law enforcement lecture) is too uneasible and unreasonable.

2. On the other hand, the blood content of the instant blood is 0.182% and considerably high, and the Defendant has already been punished twice due to drinking driving and twice due to traffic accidents.

However, the defendant is against the facts charged, and the degree of injury of the victims due to the accident in this case is not severe, and they do not want to be punished by the defendant upon agreement with the victims.

In addition, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is deemed as unfortunate and unreasonable.

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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