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(영문) 광주지방법원 2020.08.20 2019노2233
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. Determination is that the blood alcohol level in the instant case was high, and that the injury was inflicted on the victims, etc. are disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes and reflects the crime of this case, it is difficult to see that the degree of injury of the victims is very serious, and that the defendant agreed with the victims, and that there is no penalty force exceeding the fine and there is no record of the same kind of crime after 2006.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, as well as various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment is deemed too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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