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(영문) 대구지방법원 2021.02.02 2020노929

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (one-month imprisonment) of the lower court is deemed to be too unhued and unreasonable.

2. The lower court seems to have sentenced the above punishment by comprehensively taking into account the circumstances favorable to the Defendant (such as the degree of injury to the victim) and unfavorable circumstances (such as high alcohol concentration in blood transfusions, high alcohol concentration in driving without license, and the victim’s failure to obtain a license, and the Defendant’s punishment power is extremely large).

In light of the aforementioned various sentencing grounds and the defendant's age, career, sex, environment, family relation, motive and background of the crime, means and consequence of the crime, circumstances after the crime, and other circumstances revealed by the records, and the scope of sentencing recommended in the sentencing guidelines of the Supreme Court sentencing committee (one to two years from imprisonment), and the fact that there are no special circumstances or changes in circumstances that the court below would change the punishment against the defendant, the sentencing of the court below is appropriate and it has abused its discretion or exceeded the limits of discretion.

shall not be deemed to exist.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.