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(영문) 수원지방법원 2016.12.23 2016노6114

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 (two years of probation, 80 hours of probation, and 40 hours of order to attend a community service order for eight months) is too unhued and unreasonable;

2. Even if the Defendant had had the record of being fined twice due to drinking driving, it is not good that the Defendant would cause a traffic accident while driving a vehicle not covered by mandatory insurance while driving a vehicle in the state where it is difficult to drive the vehicle normally in the state of drinking alcohol concentration of 0.116%.

However, in full view of the following circumstances: (a) the Defendant led to the confession of each of the crimes in this case and made a mistake in depth; (b) the Defendant did not have any record of being sentenced to punishment; (c) the degree of injury caused by the accident in this case is relatively minor; and (d) the victim does not have to be punished by the Defendant at the investigation stage; and (c) there are no special circumstances to change the sentence of the lower court at the time of the trial; and (d) the Defendant’s age, character and conduct, intelligence and environment, motive, background, means, method, method, and consequence of the crime; and (e) the circumstances before and after the crime, and the criminal record relation, etc., the lower court’s punishment is too unjustifiable, and thus,

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