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(영문) 서울서부지방법원 2017.01.26 2016노1465

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (eight million won in penalty) on the summary of the grounds for appeal is deemed to be too unhued and unreasonable.

2. The judgment is based on the following: (a) there is no good quality of the crime of this case, such as the Defendant’s harming the victim by shocking the victim who is driving alcohol, etc.; (b) there is a high level of alcohol concentration in the blood of the Defendant at the time of the instant case, which is disadvantageous to the Defendant; (c) although there is a circumstance unfavorable to the Defendant, such as the Defendant: (a) the confession and the mistake of the Defendant were committed; (d) the victim and the victim were smoothly agreed with the victim, and the victim do not want punishment against the Defendant; (e) the vehicle is covered by the automobile insurance; (c) the vehicle is covered by the Defendant’s comprehensive vehicle; (d) the distance of the Defendant’s driving is short and the degree of injury suffered by the victim is relatively minor; and (e) the sentence of the lower court is deemed appropriate, taking into account all the various sentencing conditions indicated in the arguments and the record, such as the motive for the crime of this case, family relationship, and circumstances after the

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 appeal is without merit. It is so decided as per Disposition.