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(영문) 수원지방법원 2013.07.11 2013노1747

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court against the accused (one year of imprisonment, two years of suspended execution, and 80 hours of an order to attend a course) is too unhued and unreasonable.

Judgment

In addition, when the defendant committed each of the crimes of this case even though he had been punished for the same criminal records several times, he/she should be punished strictly.

However, in full view of the following facts: (a) the Defendant did not have any history of punishment exceeding a fine; and (b) the Defendant’s vehicle is in depth divided; (c) the Defendant’s vehicle was covered by comprehensive insurance; and (d) the Defendant’s age, character and conduct, environment, circumstances after committing the instant crime, and all the sentencing conditions indicated in the instant records and arguments, such as the circumstances after committing the crime, the lower court’s punishment cannot

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