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(영문) 수원지방법원 2017.01.13 2016노5825

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution, forty hours of community service, and forty hours of order to attend a lecture in October) is too unhued and unreasonable.

2. The judgment of the defendant caused a traffic accident by breaking the center line while driving under the condition of 0.30% alcohol content in blood, and thereby causing two victims of the crime. The crime of this case is not good. The defendant committed the crime of this case, even before the crime of this case was committed, even if he had the record of criminal punishment twice due to drinking traffic accident, even before the crime of this case was committed, which is disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes, and is against the victim; (b) the degree of injury suffered by the victims is not significant; (c) the vehicle operated by the Defendant appears to have been covered by the automobile insurance; and (d) the Defendant has no record of punishment exceeding the fine prior to the instant crime; and (c) other circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, sex behavior, environment, family relationship, and circumstances after the instant crime, the lower court’s punishment is too uneasible and unreasonable; and (d) thus, the Prosecutor’s allegation

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 prosecutor's appeal is without merit. It is so decided as per Disposition.