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(영문) 대구지방법원 2017.07.13 2017노482
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in six months of imprisonment) is too unfluent and unfair.

2. The fact that the Defendant, while driving a vehicle in a state of 0.185% alcohol level in blood alcohol level, caused a traffic accident by subsidenceing the central line and resulting in an injury to a large number of victims, has a large degree of criticism in that it was not received from the victims even though he/she sustained an injury.

However, in full view of all the sentencing conditions and arguments, including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the sentence of the lower court is too unfeasible and unfair, in light of the following: (a) the Defendant committed a crime; (b) the victim’s injury is relatively minor; (c) the vehicle is covered by the automobile comprehensive insurance; and (d) the Defendant is the primary offender; and (c) the Defendant is the primary offender; and (d) other all the sentencing conditions

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

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