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(영문) 서울중앙지방법원 2017.10.12 2017노1252
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (one hundred months of imprisonment and two years of suspended execution) is too unfluent and unfair.

Judgment

The Defendant, while driving a vehicle under the influence of alcohol level of 0.169% while in blood, boomed city buses that were in progress before, and inflicted on two bus drivers and bus passengers who need approximately two weeks of treatment.

On July 1, 2016, the Defendant re-offending the instant drinking on July 3, 2016 (Evidence Record 55-57 pages) even though he/she had a record of having received a fine of KRW 3 million due to driving under the alcohol level of 0.131% from blood during blood on July 1, 2016 (Evidence Record 42-46 pages). The degree of accidents due to driving under the influence of alcohol is not easy (Evidence Record 42-46 pages). However, the Defendant reflects his/her mistake, and there is no criminal record other than the said fine.

② Defendant’s driver’s vehicle was covered by the mutual aid association, and it appears that the mutual aid association and the victims agreed to (Evidence Records 20, 27, 37 pages). ③ The degree of injury suffered by the victims is relatively weak.

In full view of all the sentencing conditions, such as the Defendant’s age, sex, environment, and circumstances after the crime, the lower court’s punishment cannot be deemed to be too uneasible and unfair.

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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