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(영문) 서울중앙지방법원 2017.07.06 2017노98

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unfasible and unfair.

2. The instant crime committed was committed by the Defendant while driving alcohol, resulting in injury to the victim, requiring approximately two weeks of medical treatment, and the quality of the crime is not good. At the time of the instant crime, the fact that the alcohol level of the blood alcohol level at the time of the instant crime was considerably high by 0.167% is disadvantageous to the Defendant.

However, the fact that the defendant is recognized as committing the instant crime, the first offender, the vehicle operated by the defendant has been covered by the comprehensive motor vehicle insurance, and the appellate court has agreed to it smoothly with the victim (the agreement on the self-traffic accident on May 24, 2017) is favorable to the defendant.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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