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(영문) 광주지방법원 2017.06.20 2016노2663
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is too unfilled and unreasonable.

2. The Defendant not only driven under the influence of alcohol level of 0.152% during blood, but also inflicted an injury on the victims by causing traffic accidents.

However, it is relatively minor that the defendant inflicted injury on the victims, and agreed with the victims. Although the defendant was punished by a fine by driving alcohol, it was punished in 2010, and there is no record of crime thereafter.

In addition, considering the various circumstances, such as the defendant's age, sexual conduct, environment, motive, method, and consequence of the crime, which are shown in records and pleadings, the sentence of the court below is within the scope of reasonable discretion, and it is not recognized that the defendant's punishment has reached the degree of undue punishment because it is too unfasible.

Therefore, prosecutor's assertion is not accepted.

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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