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(영문) 전주지방법원 2016.10.28 2016노950
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended execution) of the lower court is deemed to be too uneasy and unfair.

2. The instant crime is a situation unfavorable to the Defendant, such as the following: (a) the Defendant, while driving under the influence of alcohol with a blood alcohol concentration of 0.135% without a driver’s license, caused a traffic accident and causing injury to the victim requiring approximately two weeks medical treatment; (b) the Defendant already has a record of criminal punishment of fines three times due to the same crime; and (c) the driving under the influence of alcohol constitutes an offense that may cause serious harm to the life and property of another person as well as himself/herself; and (d) thus, it is necessary to strictly punish the Defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflects the mistake in depth, that the degree of injury suffered by the victim is relatively minor, that the victim does not want the punishment of the defendant, and that it is hard to say that the victim would not repeat the same mistake again is favorable to the defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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