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(영문) 부산지방법원 2016.11.18 2016노3206

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two months of imprisonment with prison labor and two years of suspended sentence) is too uneased.

2. The judgment of the defendant has not been punished for the same criminal record, and thus repeated the crime of this case, and the fact that five victims have caused the traffic accident due to the driving of the defendant's drunk driving is disadvantageous.

However, it is necessary to respect the judgment of the court below on the ground that there is no change in the conditions of sentencing compared with the court below because new sentencing data have not been submitted in the trial at the court below. In full view of the following: (a) the defendant reflects the crime of this case; (b) the defendant has agreed with the victims; (c) the defendant disposes of the vehicle to prevent the repetition of drinking driving; and (d) the defendant is asserting that the defendant would not repeat the crime of this case; and (b) other circumstances that form the conditions of sentencing as shown in the records and arguments, such as the circumstances after the crime of this case; (c) the defendant's character and behavior, the environment, age, etc., are too una

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.