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(영문) 울산지방법원 2017.06.29 2017노505

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (6 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. Although the determination is based on the Defendant’s blood alcohol content high 0.202%, the Defendant is the primary offender, the Defendant is covered by automobile comprehensive insurance, and the victims do not want punishment against the Defendant in agreement with the victims, and considering the following factors: the Defendant’s age and character environment; the victims’ relationship with the victims; the motive and means of the crime; and the circumstances after the crime, etc., the lower court’s sentence is too unjustifiable and unreasonable.

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.