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(영문) 수원지방법원 2017.01.20 2016노6246

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (6 million won in penalty) is too unhued and unreasonable.

2. Determination is an unfavorable sentencing condition against the Defendant, for the following reasons: (a) the Defendant was driving under the influence of alcohol content 0.191% in blood and caused a traffic accident; and (b) the Defendant did not reach an agreement with the victim up to the trial; and (c) the Defendant did not reach an agreement with the victim.

However, in full view of the following circumstances: (a) the Defendant, who had no record of criminal punishment prior to the instant crime, recognized all the instant crimes as a primary offender without any history of criminal punishment; (b) the degree of injury suffered by the victim is not severe; (c) the Defendant’s damage was partially recovered through the automobile insurance in which the Defendant joined; (d) the Defendant deposited KRW 7 million for the victim; (b) the Defendant, who is a public official, retired from office when a sentence was sentenced to suspended execution or heavier punishment; (c) the Defendant was somewhat harsh aspects of the Defendant’s retirement; and (d) other circumstances that form the conditions for the sentencing specified in the instant case, such as the Defendant’s age, sex, environment, family relationship, and circumstances after the instant crime, the lower court’s punishment is deemed unfair, and thus, the Prosecutor

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 prosecutor's appeal is without merit. It is so decided as per Disposition.