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(영문) 서울중앙지방법원 2017.07.20 2017노849

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) sentenced by the court below is too uneasy and unfair.

Judgment

The criminal defendant is highly likely to commit an offense in that he/she concealed the vehicle that was driven on the front side while changing the vehicle in the state of alcohol concentration of 0.187% in blood and sustained two weeks of injury to the driver of the damaged vehicle and the passenger, respectively.

In addition, the defendant has been punished for a fine of KRW 500,000 due to a violation of the Road Traffic Act in 1998, a fine of KRW 200,000 due to a violation of the Road Traffic Act in 198, and a fine of KRW 1,50,000 due to a drinking or a non-licensed driving in 200.

However, in full view of all the sentencing conditions, including the Defendant’s age, sex, environment, and circumstances after the crime, the sentence of the lower court is too uneasible and unfair, in light of the following: (a) the Defendant’s mistake is against the Defendant; (b) the Defendant’s driver’s vehicle is purchasing a comprehensive automobile insurance policy (30 pages of evidence record); (c) the victim’s injury is relatively minor; and (d)

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.