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(영문) 수원지방법원 2014.12.15 2014노4302

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 (one hundred months of imprisonment, two years of suspended execution, and two hundred hours of community service order) is too unhued and unreasonable;

2. The Defendant, while under the influence of alcohol, sustained an injury to the victims of the traffic accident. Although the nature of the crime of this case was under the influence of alcohol, the Defendant did not seem to be weak, it does not seem that the lower court’s punishment ordering community service for a period of 200 hours is unreasonable, considering the following factors: (a) although the crime of this case was under the influence of alcohol, the Defendant’s vehicle was in a comprehensive automobile insurance contract; (b) the Defendant’s vehicle was in a comprehensive automobile insurance contract; (c) the Defendant deposited KRW 18 million at the lower court for the victim D; and (d) the Defendant deposited at the trial; (c) the Defendant was the primary offender; (d) the Defendant was the primary offender; and (e) the motive and circumstances leading to the instant crime; and (e) all the sentencing conditions indicated in the argument of this case, such as the Defendant’s age, character and environment; and (e) the circumstances before and after the instant crime.

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