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(영문) 대전지방법원 2015.07.16 2014노3904
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the reasons for appeal (one year of imprisonment, two years of suspended execution) is too unhued and unreasonable.

2. The instant crime is deemed to have been committed by the Defendant, while driving a vehicle while under the influence of alcohol 0.151% of alcohol level, and the Defendant sustained injury by the victim crossing the road. In light of the blood alcohol concentration, the degree of injury suffered by the victim, etc., the relevant criminal liability is heavy.

However, there are extenuating circumstances, such as: (a) the Defendant’s mistake is divided in depth and reflects the victim’s fault; (b) deposit KRW 2.5 million for the victim; (c) the victim’s fault appears to have been recovered from liability insurance; (d) the victim’s fault appears to have partially affected the occurrence of an accident or the expansion of damage; and (e) there is no record of criminal punishment exceeding fines; (b) the scope of the recommended sentence for the instant crime according to the sentencing guidelines established by the Sentencing established by the Sentencing Commission; (c) the traffic crime group; (d) the traffic crime group; (d) the general traffic accident type 1; (d) the special person (special traffic accident type; (e) the special person (special person); (e) the illegality of the proviso to Article 3(2) of the School Special Act is heavy; (e) the scope of the recommended sentence; (e) the suspension of execution and suspension of execution; and (e) the principal illegal factors are not deemed to have been excessive to the extent of general pride and pride; and circumstances; (e) the court below’s of sentencing.

3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per Disposition.

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