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(영문) 의정부지방법원 2020.10.30 2019노3517

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, and 40 hours of order to attend a course) is too unhued and unreasonable.

2. The judgment of the defendant committed a second offense despite the records of punishment for drunk driving, and the defendant's blood alcohol concentration was very high at the time of the instant case, etc. are disadvantageous circumstances.

However, it is more favorable for the defendant to recognize the crime of this case and reflect the mistake, and the traffic accident caused by the defendant is relatively minor, and the victims' injury is not severe, and the vehicle operated by the defendant is covered by a comprehensive insurance and thus the damage is recovered.

Comprehensively taking account of such circumstances as well as the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, circumstances after the commission of the crime, etc., various conditions of sentencing as shown in the records and arguments of this case, and there is no change in the sentencing conditions compared with the original judgment, and there is no change in the circumstances of sentencing compared with the original judgment, etc., the sentence imposed by the lower court against the Defendant cannot

Therefore, the prosecutor's above 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.