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(영문) 서울중앙지방법원 2017.07.06 2017노303

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 is too uneasy and unfair.

Judgment

In that the defendant's driving without a license of 0.19% alcohol concentration in blood, 0.19%, led the driver of the vehicle in front while driving the vehicle, and suffered an injury in need of about two weeks of treatment, the crime is very heavy.

However, in full view of the following: (a) the Defendant was the first offender and the second offender; (b) the Defendant agreed with the victim at the investigation stage (Evidence Records 31,37 pages); and (c) other various sentencing conditions, such as the Defendant’s age, sexual behavior, environment, and the circumstances after the crime, the lower court’s punishment cannot be deemed unfair because it is too unfeasible.

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.