beta
(영문) 서울동부지방법원 2017.12.15 2017노1321

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal (unfair sentencing) and the fact that the Defendant did not agree with the victims and that the alcohol content in blood is high, the lower court’s sentence (six months of imprisonment, two years of suspended execution, and forty hours of compliance driving lectures) is deemed to be too uneasible and unfair.

2. In full view of the reasons for sentencing indicated in the arguments and records of the instant case, the lower court’s sentencing appears to have been determined reasonably by fully considering the various reasons for sentencing alleged by the prosecutor, and there are no special circumstances to the extent that the said sentence is modified.

In the end, the prosecutor's above argument of sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition.