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(영문) 광주지방법원 2018.02.22 2017노1876

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because it is too unhued so far as the sentence of the lower court (ten months of imprisonment, two years of suspended execution, observation of protection, community service, and order to attend lectures) is too unhued.

2. The crime of this case was committed under the influence of alcohol by the defendant while driving a motor vehicle while driving a motor vehicle on the road, causing a traffic accident, causing three victims. The crime of this case was committed under the influence of alcohol and the quality of the crime is extremely poor, and the defendant's records of punishment for driving drinking twice, etc. are contrary to the circumstances or the defendant's mistake, the victim's injury is minor, victims and victims do not want punishment for the defendant, and the defendant's last punishment for driving under the influence of alcohol is committed under the favorable conditions such as the defendant's age, sexual behavior, environment, family relationship, circumstances after the crime, etc., and other various sentencing conditions as shown in the records and arguments of this case, it cannot be deemed unfair because the court below's punishment is too unfilled.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.