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(영문) 대구지방법원 2018.02.08 2017노3843
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 (the sentence of 2 years of suspended execution in 10 months of imprisonment, community service hours 80 hours, compliance driving lectures 40 hours in prison) is too uneased and unfair.

2. Despite the fact that the Defendant had already been punished for driving under drinking, it is highly likely that the Defendant caused a traffic accident while driving a vehicle in the condition of drinking 0.201% alcohol level during the blood transfusion, and that the Defendant did not receive any injury from the victims even though he/she had been injured by a large number of victims.

However, in full view of the following factors: (a) the Defendant committed a crime while committing a crime; (b) the victim’s injury is relatively minor; (c) the harming vehicle is covered by a comprehensive motor vehicle insurance policy; (d) the Defendant has no criminal record, other than once a fine is imposed; and (e) the Defendant’s age, sex, environment, occupation, and circumstances after committing a crime, and all the sentencing conditions specified in the records and arguments, such as the Defendant’s age, sex, occupation, and circumstances after committing a crime,

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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