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(영문) 서울중앙지방법원 2016.11.17 2016노2888

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of nine million won) imposed by the lower court is too uneased and unreasonable.

2. The judgment of the court below is based on various circumstances, such as the defendant's age, character and conduct, environment, and circumstances after the crime, which are the conditions for sentencing as shown in the records, in addition to the circumstances already considered by the court below (the defendant causing a traffic accident due to the influence of a drunk driving, and the nature of the crime is heavy, but the defendant's injury is not required to repeat the crime; the defendant is a first offender with no criminal records; the defendant has subscribed to liability insurance; the victims have agreed to pay the agreed amount; and the victim has agreed to do so; and there is no special change of circumstances that may change the sentence imposed by the court below. In full view of all other circumstances, the sentence imposed by the court below is too unjustifiable and unreasonable.

The prosecutor's assertion is not accepted.

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