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(영문) 서울중앙지방법원 2017.06.08 2016노5001
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 unfilled and unfair.

2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant, while driving a taxi while under influence of alcohol without being well aware of it even during the period of repeated crime, and the nature of the crime is not good. The crime of this case is deemed to have been committed by the victim due to shocking the taxi during the period of repeated crime. The blood alcohol concentration at the time of the crime of this case is considerably high by 0.171%, and three times of punishment due to the violation of the Road Traffic Act (driving).

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and reflected, the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance, the agreement is reached smoothly with the victim, and the degree of injury of the victim is not severe.

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.

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