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(영문) 청주지방법원 2018.11.22 2018노775

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (a prison term of six million won) is too unhued and unfair.

2. The court below determined the above punishment against the defendant on the grounds as stated in its reasoning. The defendant's blood content level at the time of the crime in this case is not lower than 0.162%, and the defendant's blood content level at the time of the crime in this case is not less than 0.162% and the risk of injury suffered by the victim of pregnant 25 weeks at the time of the crime in this case is not less than that of the defendant. The circumstances alleged by the prosecutor for the reason of sentencing disadvantageous to the trial in the court below are considered to have been sufficiently taken into account when the defendant was sentenced to punishment in the court below. In light of the above, the defendant's act in this case was seriously against the defendant in a timely fashion, and there was no criminal history against the defendant as well as the defendant, the judgment of the court below is too unfford so that the judgment of the

shall not be appointed by a person.

3. 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.