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(영문) 수원지방법원 2017.07.19 2017노1646
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. The judgment driving is an offense that may inflict a great harm on an unspecified person, and is highly dangerous in society, and further, the defendant causes an accident due to the driving of the drinking in this case, and thus, the risk is realized, and the victim’s injury is not weak.

On the other hand, in full view of the following: (a) the first offender, the victim expressed his/her intention not to be punished by the Defendant at an investigative agency; and (b) the victim wants by submitting a written agreement in the first instance court; and (c) other various sentencing conditions specified in the instant pleadings, such as the background of the instant crime, the circumstances after the instant crime, the Defendant’s age, the Defendant’s sexual behavior, and the environment, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Criminal Procedure Act on the ground that it is obvious that “victim D” in the 14th sentence of the judgment below is a clerical error of “victim G”, and thus, ex officio correction is made in accordance with Article 25(1) of the Rules on

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