beta
(영문) 수원지방법원 2015.11.06 2015노4793

특정범죄가중처벌등에관한법률위반(위험운전치사상)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 (fines 8,00,000) is too unhued and unreasonable.

2. On August 14, 2014, at the Sungwon District Court's Sungnam branch, the Defendant was punished for the same kind of crime, and the Defendant was sentenced to a community service order of two years and 80 hours under the Road Traffic Act and committed again during the grace period, and the Defendant's blood alcohol concentration is very high.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and was in violation of depth; (b) the Defendant agreed with the victim at the time of the trial; (c) the Defendant’s vehicle was covered by a comprehensive motor vehicle insurance; (d) the victim’s injury was not serious; and (e) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime; and (e) other circumstances that are conditions for sentencing specified in the instant case, such as the Defendant’s age

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

3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.