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(영문) 서울중앙지방법원 2018.11.16 2018노1711

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to 7 million won) is too unhued and unreasonable.

2. It is recognized that the determination of the Defendant’s blood alcohol content is very high to 0.147%, 3 victims of the instant traffic accident and did not reach an agreement with the victims.

However, in full view of the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant has no record of being punished for driving alcohol; (c) the degree of injury suffered by the victims due to the instant accident is relatively minor; (d) the Defendant subscribed to a comprehensive motor vehicle insurance and appears to have recovered from the victims’ damage; and (e) the Defendant’s age, sex, conduct, environment, health conditions, family relationship, motive, means, and consequence of the instant crime; and (e) other circumstances that form the condition for sentencing, such as the circumstances after the commission of the crime, it is difficult to deem that the lower court’s punishment is too 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.