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(영문) 대구지방법원 2015.06.11 2014노3736

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 7 million won of a fine) by the lower court is too uneased and unreasonable.

2. The crime of this case is deemed to have caused a traffic accident while driving in the state of being taken by the Defendant, resulting in injury to the victims, and its nature is heavy.

At the time of the instant case, the blood alcohol concentration was high by 0.219%, and the driving distance is about 7 km and the necessity for the strict punishment of the Defendant is recognized.

However, the Defendant’s mistake in the instant crime is often divided and reflected in depth, and there is no record of criminal punishment prior to the instant crime.

The degree of injury suffered by the victims is relatively weak, and since the vehicle of the defendant is covered by the comprehensive insurance, it seems that the damage recovery will be made to some extent.

It is also recognized that the victims do not want to punish the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, family relationship, details and results of the offense, and all the sentencing conditions shown in the pleadings, such as the circumstances after the offense, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

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.