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(영문) 수원지방법원 2017.05.24 2016노8307

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 sentence (two years of suspended sentence for eight months of imprisonment, and forty hours of lectures for compliance driving) is too uneasible and unfair.

2. The judgment of the Defendant is an unfavorable condition to the Defendant that, even though the Defendant had been sentenced to a fine due to drinking driving in 2013, once he/she drives drinking and caused a traffic accident.

However, in full view of the fact that there are no criminal records other than the above criminal records, the injury of the victim is relatively minor, and the circumstances of the crime of this case, the circumstances after the crime of this case, the age of the defendant, sexual conduct, environment, etc., the court below’s punishment is too low and it is not deemed unfair, and thus, the prosecutor’s 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.