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(영문) 전주지방법원 2017.02.03 2016노1661

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment, two years of suspended sentence, etc.) is too uneasy and unreasonable.

2. The crime of this case is a case where the Defendant, while driving a motor vehicle without a driver's license, caused a traffic accident and caused injury to the victims requiring approximately two to three weeks medical treatment, and the quality of the crime is not good. The Defendant previously had the record of criminal punishment several times for the same crime, and the blood alcohol concentration level at the time of detection is very high 0.295%, and the driving of the motor vehicle is a crime that may cause serious danger to the life and property of others, and thus, it is disadvantageous to the Defendant.

On the other hand, the defendant's recognition of his crime and reflects his mistake in depth, the degree of injury suffered by the victims due to the traffic accident in this case is relatively minor, the defendant's vehicle can have been covered by the comprehensive motor vehicle insurance to a certain extent that the victims' damage would have been recovered, the defendant's health status is not good, and the defendant will not repeat again.

It is hard to say that it is favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

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