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(영문) 서울중앙지방법원 2017.07.20 2017노601

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant

All appeals by prosecutors are dismissed.

Reasons

The court below sentenced the defendant to a fine of KRW 5 million.

The defendant asserts that the above-mentioned sentence is too unfasible, so the prosecutor is too unfased and unfair.

Judgment

The defendant's 0.128% under influence of 0.128% concealed the damaged vehicle in the atmosphere of the signal and suffered from the driver's injury in need of treatment for the number of days of treatment and two weeks of treatment for the passenger.

In 2007, the defendant has been punished for a fine of KRW 700,000 due to driving under drinking, and there is a record of being punished for a fine of KRW 70,000.

On the other hand, the degree of injury of the victims is relatively heavy.

Defendant

In full view of all the sentencing conditions, including the Defendant’s age, sex, environment, and circumstances after the commission of the crime, the lower court’s punishment is too heavy or unreasonable because it is too heavy.

In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since all of the appeals by the defendant and the prosecutor are without merit. It is so decided as per Disposition.