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(영문) 창원지방법원 2015.12.24 2015노1911
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (ten months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. The Defendant, while driving without a license for driving a motor vehicle, caused human and physical damage by shocking two motor vehicles, and the issue is not easy, and the Defendant has been punished three times for violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and driving without a license.

In addition, even though the insurance of the Defendant was not applied to the instant accident, damage recovery was not made.

On the other hand, however, the degree of injury of the victim E caused by human damage is less and material damage is less than 5.2 million won, and the blood alcohol concentration of the defendant at the time is relatively lower than 0.062%.

The defendant is suffering from brain color, etc. while economic conditions are difficult, and is in a state of part not upper right side.

In light of such circumstances, the period when the Defendant previously committed a traffic-related crime, the age of the Defendant, the background and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court seems to be within the reasonable scope, and thus, cannot be deemed as being excessively unjustifiable.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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