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(영문) 수원지방법원 2013.07.11 2013노1752

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the following: (a) the Defendant’s blood alcohol content high in determining the public prosecutor’s assertion of unfair sentencing; (b) the Defendant is recognized as having a history of serving a punishment for a double-class crime; (c) the Defendant has no significant damage; (d) the victim’s damage was recovered since the Defendant subscribed to liability insurance; (d) the Defendant has no criminal record of drinking driving; and (e) the Defendant’s age, character and conduct, environment, traffic accident circumstances after the commission of the crime, and all the other factors of sentencing as indicated in the instant records and arguments, such as the circumstances after the commission of the crime, etc., it cannot be said that the sentence imposed by the lower court (one year of imprisonment, two years of probation, one year of community service,

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.