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(영문) 서울남부지방법원 2017.09.21 2017노714
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment, two years of suspended execution, 80 hours of community service, and 40 hours of lecture of compliance driving) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case is deemed to be a bad quality that the Defendant, while driving under the influence of alcohol (0.136% alcohol concentration in blood) while driving in the state of alcohol, and in violation of the signal, is likely to cause damage to the crosswalk traffic in accordance with the pedestrian signals.

As a result of the instant crime, the victim suffered serious injury in need of seven weeks’ medical treatment.

However, the Defendant recognized all the crimes of this case and reflected the mistake.

In agreement with the victim, the injured person does not want the punishment of the defendant.

There is no criminal history of the defendant, and there is no criminal history exceeding the fine.

In addition, comprehensively taking account of the Defendant’s age, sex, career, family relation, environment, motive, means, and consequence of the crime, circumstances after the crime, and the criminal experience, the lower court’s punishment is too heavy or is deemed unreasonable as it is too low.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, all appeals filed by the defendant and the prosecutor are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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