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(영문) 창원지방법원 2017.08.17 2017노1047

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfasible and unfair.

2. The Defendant, who was sentenced to a fine twice due to driving under the influence of alcohol, is in a disadvantage to the Defendant, such as the fact that the Defendant caused a traffic accident while driving in the same manner, causing injury to the victim, and that the Defendant’s blood alcohol concentration at the time was considerably high by 0.163%.

However, in full view of the various circumstances, including the fact that the defendant recognized the crime, the victim's injury is not much serious, the defendant wants the victim to take the front of the defendant by mutual consent with the victim, the vehicle operated by the defendant is covered by a comprehensive insurance, the defendant's vehicle has no record of being subject to criminal punishment for the same crime for about 10 years after the defendant was sentenced to a fine of 2 million won due to driving of light drinking in 2008, and the defendant's age, environment, sex, criminal conduct, circumstances before and after the crime, and circumstances before and after the crime, etc., it cannot be deemed that the punishment imposed by the court below is too unjustifiable and unfair.

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.