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(영문) 수원지방법원 2017.11.10 2017노5237

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. The Defendant’s instant crime committed while under the influence of alcohol was driven by the Defendant, resulting in a traffic accident, resulting in the injury to three victims, and the nature of such crime is not somewhat weak, and the Defendant’s blood alcohol concentration at the time of the instant case is relatively high, etc. are disadvantageous to the Defendant.

On the other hand, the fact that the defendant is against his wrong recognition, the degree of injury of the victims is relatively not much severe, the vehicle of the defendant's driver is covered by the comprehensive automobile insurance, the victims do not want the punishment of the defendant, and the fact that there is no specific penalty other than the punishment imposed once by a fine due to a long-term crime of this type is favorable to the defendant.

Considering the above circumstances and the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem that the lower court’s punishment is too uneasible and unfair.

Therefore, the prosecutor's above assertion is without merit.

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