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(영문) 부산지방법원 2016.09.08 2016노1149
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two years of imprisonment with prison labor for six months, two years of suspended execution, and forty hours of an order to attend a course) is too unhued and unreasonable.

2. Determination driving is a serious crime that may cause serious harm to the life and body of others as well as himself/herself, and the defendant caused a traffic accident while driving without a license under the influence of alcohol level 0.235% under the influence of alcohol again, even though he/she had been punished due to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) around the fourth month prior to the crime in this case, etc.

However, in light of the favorable circumstances, such as the fact that the Defendant has committed the instant crime, the degree of injury suffered by the victims of the instant accident, the fact that the instant vehicle is covered by the comprehensive vehicle insurance, the victims and the Defendant agreed smoothly with the victims, the Defendant has no record of criminal punishment exceeding the fine, and all other factors of sentencing specified in the records and arguments, such as the Defendant’s age, character and conduct, environment, and circumstances after the instant crime, the punishment sentenced by the lower court is within the reasonable scope of sentencing discretion.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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