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(영문) 서울중앙지방법원 2017.01.19 2016노3814

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below (10 million won) on the defendant is too unhued and unfair.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. In full view of various circumstances, including the following: (a) the Defendant was under the influence of alcohol 0.177% without a driver’s license and was under the influence of alcohol to two victims walking alone; (b) the Defendant was punished by a fine for driving under the influence of alcohol; (c) the Defendant was fully aware of and reflects the Defendant’s criminal act; (d) the Defendant was covered by a comprehensive insurance contract; and (e) the Defendant paid 5.5 million won to the victims during the investigation process; and (e) the Defendant agreed to pay 5.5 million won to the victims during the investigation process; and (e) other factors, which are the conditions for sentencing specified in the records and arguments, such as age, sexual behavior, environment, circumstances after the commission of the crime, etc., the Defendant’s sentence imposed by the lower court cannot be deemed to be too heavy or unreasonable, and thus both arguments are rejected.

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