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(영문) 수원지방법원 2014.08.21 2014노868

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the following circumstances: (a) the Defendant was sentenced to a suspended sentence of one year for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) in 2012 and committed the instant crime during the suspended sentence of one year; (b) the Defendant was subject to juvenile protective disposition due to a violation of the Road Traffic Act in 2007; (c) the blood alcohol content of the instant case belongs to a relatively high level; (d) on the other hand, the Defendant reflects the Defendant’s mistake; (c) the Defendant did not have any history of criminal punishment for the same kind of crime other than the above juvenile protective disposition; (d) the Defendant was subscribed to comprehensive insurance; and (e) the Defendant was deposited with a total amount of running cars; and (e) the Defendant’s age, character and conduct, environment, circumstances before and after the commission of the instant crime and all the other sentencing conditions as stated in the records and arguments, it cannot be said that the sentence of the lower court (a fine of eight million won) is too une

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