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(영문) 서울중앙지방법원 2017.06.15 2016노5359

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (6 million won in penalty) is too unhued and unfair.

Judgment

The nature of the crime is heavy in that the defendant, while driving at 0.149% of alcohol and driving a taxi on the front side and driving a taxi on the front side, suffered an injury that requires treatment for about two weeks for each taxi driver and his passengers.

However, in full view of all the sentencing conditions, including the Defendant’s primary offender, the victim’s injury is relatively minor, the Defendant agreed with the victims at the lower court (i.e., the victim D amount to KRW 700,000,000, the trial record 14 pages, ② the victim F amount to KRW 500,000,000, the trial record 21), the Defendant’s driver’s vehicle is covered by a comprehensive motor vehicle insurance (Evidence No. 43 of the evidence record), and other sentencing conditions, such as the Defendant’s age, sex, environment, and circumstances after the crime, the lower court’s punishment is too unjustifiable and unreasonable.

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