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(영문) 전주지방법원 2016.12.02 2016노1111
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for up to eight months, suspension of execution for two years, and order to attend a course) of the lower court is too uneased and unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, where the defendant was negligent in driving a motor vehicle while driving a motor vehicle while driving a motor vehicle while driving a motor vehicle and suffered injury requiring a victim's medical treatment for about two weeks, and the quality of the crime is not weak, the defendant has already been subject to criminal punishment of a fine due to drinking driving, and the defendant's blood alcohol concentration level was relatively high by 0.15% at the time of detection.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake in depth, the degree of injury suffered by the victim appears to be relatively minor, and the fact that the victim does not want the punishment of the defendant under a mutual agreement with the victim is favorable to the defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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