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(영문) 서울중앙지방법원 2017.05.25 2016노4912

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (eight million won in penalty) imposed by the court below is too unfased.

2. The instant crime was committed by the Defendant while bypassing the left-hand part of the taxi stopped by driving alcohol, and the victim suffered injury requiring treatment for about two weeks in front of the right-hand part of the Defendant’s vehicle, which is not good in quality of such crime. The fact that the alcohol concentration in blood during the instant crime is very high to 0.228% at the time of the instant crime, and that no agreement is reached with the victim is disadvantageous to the Defendant.

However, the circumstances favorable to the defendant include the fact that the defendant is recognized as committing the crime of this case, the first offender, the degree of injury is minor, and the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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.