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(영문) 제주지방법원 2014.10.16 2014노33
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of two years of suspended execution in August, a community service for 80 hours, and a lecture for compliance driving for 40 hours) of the lower court is deemed to be too unhued and unreasonable;

2. The judgment of the court below is not appropriate in light of the defendant's negligence degree and the result of injury, etc., although the defendant's act of driving a car at a crosswalk with a alcohol level of 0.081%, while driving the car at a drunken level, and driving the car at a crosswalk with a pedestrian signal, and causing the victim to suffer an injury, such as a cage cage cage cage cage cage, etc. which requires about 10 weeks of medical treatment. The defendant's act of driving at around December 2009 is deemed to reflect his mistake. However, the defendant's blood alcohol concentration at the time of the crime of this case is not relatively high. The defendant's vehicle has no history of criminal punishment other than the previous criminal records; the defendant's vehicle at the trial deposited KRW 500,000 for the victim; the defendant's child at the early and after the trial, and the defendant's age of the defendant's child, and circumstances such as character and behavior before and after the trial of this case;

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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