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(영문) 대구지방법원 2017.08.24 2017노1167
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution, two years of probation, observation of protection, and one hundred and twenty hours of community service in the month of imprisonment) is deemed to be too uneasy and unfair.

2. The Defendant, while driving a motor vehicle in the state of drinking, caused the instant traffic accident to make up two victims while driving the motor vehicle in the state of drinking, even though he/she was punished several times due to the same kind of crime, such as drinking, etc.

The defendant was unable to receive a letter from the victim C.

However, in full view of the following: (a) the Defendant recognized the instant crime; (b) the degree of injury suffered by the traffic accident victims is relatively minor; (c) the driving vehicle is covered by a comprehensive insurance; (d) the said victim is not subject to the punishment of the Defendant under an agreement with the victim E; and (e) other factors of sentencing as indicated in the record, such as the Defendant’s age, sex, environment, circumstances leading to the commission of the crime; and (e) the circumstances after the commission of the crime, etc., the lower court’s punishment cannot

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

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