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(영문) 서울중앙지방법원 2017.05.11 2016노4712
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) sentenced by the court below is too uneasy and unfair.

Judgment

In that the defendant's blood alcohol concentration of 0.178% has caused the collision between two vehicles by driving under the influence of alcohol.

However, in full view of the following circumstances: (a) the Defendant has no previous conviction for the same offense; and (b) only has the history of punishing the Defendant for a crime of dual type once in 2009; (c) the Defendant’s driver’s vehicle is covered by a comprehensive motor vehicle insurance (Evidence No. 16 pages); (d) the Defendant agreed at the lower court to pay the victim KRW 100,000 on September 27, 2016; (e) additional KRW 30,000 to the victim on November 2, 2016 (the trial record No. 28,33-36 pages); and (e) other circumstances that are conditions for sentencing as shown in the records, such as the Defendant’s age, sex, environment, and conditions after the crime, the lower court’s punishment cannot be deemed unfair because it is too

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

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