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(영문) 서울중앙지방법원 2017.07.13 2017노513

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (7 million won in penalty) is too unhued and unfair.

Judgment

The defendant has been punished for a fine of KRW 500,00 for a violation of the Road Traffic Act in 197.

The Defendant, under the influence of alcohol level of 0.155%, was driving the instant drinking while driving a vehicle in the signal atmosphere, and suffered from four persons, such as the driver of the victimized vehicle and the passenger, etc., for two weeks, who are in need of two weeks of medical treatment. The offense is heavy.

However, the Defendant reflects his mistake, and agreed with the victims at the lower court (the trial record 27-35 pages). The Defendant’s driver’s vehicle is covered by a comprehensive automobile insurance (Evidence No. 67-68 of the evidence record). In full view of all other sentencing conditions, including the Defendant’s age, sex, environment, and circumstances after the crime, the lower court’s punishment is too uneasible and unfair.

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.