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(영문) 의정부지방법원 2020.08.27 2020노1308

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and police officer (the original court: One year of imprisonment, two years of suspended execution, 40 hours of the order to attend a law, 80 hours of the order to provide community service);

2. The prosecutor's argument is correct in that the defendant had the same criminal record and the blood alcohol level of the crime of this case was high and the accident occurred.

However, in full view of the circumstances determined by the lower court and other conditions of sentencing under Article 51 of the Criminal Act, the lower court’s sentencing is acceptable and it is not unreasonable for the prosecutor to assert.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (5) of the Criminal Procedure Act since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.