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(영문) 수원지방법원 2017.03.29 2016노6548
특정범죄가중처벌등에관한법률위반(위험운전치상)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 (two years of suspended sentence, two years of probation, observation of protection, 80 hours of community service, and 40 hours of lectures to treat alcohol addiction in the period of suspended sentence for eight months) is too uneasible and unreasonable.

2. The defendant had two previous convictions in the judgment, and the degree of alcohol concentration in the blood of this case is also high.

However, there is no record of punishment since 2009 against the defendant's mistake.

The victims agreed with the victims.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, and thus, the Prosecutor’s assertion is without merit.

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

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