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(영문) 서울동부지방법원 2020.02.14 2019노1375

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than two years, community service hours, 80 hours, and 40 hours during the compliance driving course) of the lower court is deemed to be too uneasible and unfair.

2. In full view of the arguments in the instant case and the reasons for sentencing indicated in the record, such as the fact that the blood alcohol concentration of the instant case was very high, but there is no record that the Defendant was punished for drunk driving, the injury of the victims is relatively minor, and the subscription to a comprehensive insurance, etc., the lower court appears to have been reasonably determined by fully considering all the circumstances, including the reasons for sentencing as argued by the Prosecutor, and no special circumstance exists to the extent that the lower court’s sentence should be changed.

3. 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.