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(영문) 대전지방법원 2014.11.13 2014노1669

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of KRW 10 million) pronounced by the lower court is unreasonable as it is excessively unfilled.

2. It is disadvantageous to the defendant that he/she had several criminal records of drinking driving, and that he/she again commits the same kind of crime during the period of suspension of execution.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive, means and consequence of the crime, the injury suffered by the victims is relatively minor, the vehicle in which the accident occurred was covered by a comprehensive insurance, the distance of the defendant's driving is shorter, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the prosecutor's assertion of unfair sentencing is without merit, since

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.