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(영문) 대구지방법원 2019.11.28 2019노1812

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two years of imprisonment for a term of eight months suspension, one hundred and twenty hours of community service order, and forty hours of order to attend a law-abiding driving lecture) is deemed to be too unhued and unreasonable.

2. The judgment defendant had a record of criminal punishment for a violation of the Road Traffic Act (driving) and did not agree with the victims until the trial of the case.

However, the defendant recognizes a mistake and reflects it, and the degree of injury suffered by the victims is relatively minor.

The defendant's car is covered by a comprehensive insurance.

In full view of the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the lower court’s sentencing is not unfair.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.