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(영문) 수원지방법원 2017.09.20 2017노3342
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (one year of suspended execution and forty hours of lecture attendance order for compliance driving in four months) is too uneased and unreasonable.

2. In light of the fact that the instant accident occurred due to the driving of the Defendant’s drinking, and that the Defendant’s blood alcohol level did not lower at the time, strict punishment against the Defendant is necessary.

However, in full view of the following: (a) the Defendant has already divided his depth into the instant crime; (b) the first offender without any previous conviction; (c) the victim’s damage is minor; and (d) the Defendant appears to have endeavored to deposit and agree one million won for the victim; and (c) the Defendant was covered by the automobile comprehensive insurance; and (d) other various sentencing conditions specified in the instant argument, including the background of the instant crime, the circumstances after the commission of the crime, the Defendant’s age, the Defendant’s sexual behavior, and the environment, etc., the Defendant’s punishment is too uneasible and thus, it is not deemed unfair

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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