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(영문) 대구지방법원 2014.05.29 2013노3868
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of KRW 15 million) declared by the lower court is deemed to be too unhued and unfair.

2. The Defendant committed the instant crime even though he/she had been punished for a four-time fine due to drinking driving.

The crime of this case is not a crime that causes injury to the victims by having a damaged vehicle that was driven under the influence of alcohol by the Defendant while driving under the influence of 0.201% in the blood alcohol concentration and was driven by the central line due to the negligence of the Defendant, leaving the damaged vehicle in an urgent manner in order to avoid the Defendant’s driving vehicle.

However, since 2008, the defendant has no record of criminal punishment for the same kind of crime as well as for other crimes, and has not committed a second offense, such as scrapping of vehicles by reflecting the mistake in depth.

The degree of injury of the victims is relatively weak, and the defendant's vehicle is not covered by a comprehensive insurance, and the victims do not want punishment for the defendant immediately after the occurrence of the accident by mutual consent with the victims.

The defendant was appointed as a local public official in 1980 and served in good faith for 33 years prior to the crime of this case, and there are circumstances in which family members are responsible for their livelihood.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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

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