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(영문) 수원지방법원 2016.11.18 2016노4787

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the original judgment (two years of probation, 120 hours of probation, and 40 hours of order to attend a community service order for eight months of imprisonment) is too unhued and unreasonable;

2. The judgment of the court below is reasonable in light of the following: (a) the defendant was trying to flee at the scene while driving under the influence of alcohol level of 0.097%; (b) the defendant was able to commit a traffic accident while driving under the influence of alcohol level of 0.097%; and (c) the victim’s franchising was damaged by franchising, and the quality of the crime was inferior; and (d) the defendant was punished for the same kind of crime even before and after the commission of the crime; (b) on the other hand, the defendant led to the confession of each of the instant crimes; (c) the degree of injury the victim suffered is relatively minor; (d) the victim has agreed with the victim; (d) the defendant has no ability to punish the victim for the recent 10 years; (e) there is no special reason to change the sentence of the court below at the trial; and (e) the defendant’s age, character, character, intelligence and environment, motive, method, means, method, and circumstance before and criminal records before and so on.

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. It is so decided as per Disposition.