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(영문) 광주지방법원 2015.11.24 2015노1268

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (7 million won of a fine) is too unhued and unreasonable.

Judgment

The defendant, while driving a vehicle while under the influence of alcohol level 0.162%, suffered injury, such as a cage cage cage cage, etc., which requires approximately seven weeks of treatment to the injured party. It is an unfavorable circumstance that the defendant's negligence on the occurrence of an accident is large and heavy.

However, in full view of the following factors: (a) the Defendant agreed with the victim; (b) the Defendant’s vehicle is covered by a comprehensive insurance; (c) the Defendant’s vehicle has no record of being punished for the same kind of crime; (d) the misunderstanding is divided and reflected; and (e) the most favorable circumstances that support the wife and two children; and (e) other factors of sentencing as indicated in the records of this case, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) the circumstances after the crime

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

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is without merit.