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(영문) 전주지방법원 2017.02.17 2016노1659
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (unfair sentencing) is that of the lower court’s punishment (one hundred months of imprisonment and two years of suspended sentence) is too uneasy and unreasonable.

2. The crime of this case is a case where the defendant driving under the influence of alcohol level of 0.196% while blood alcohol level while causing a traffic accident and resulting in the victim's injury requiring approximately two weeks of treatment. The crime of this case is not weak, and the defendant has a record of criminal punishment for the same crime even before, and the driving of drinking is a crime that may cause serious danger to the life and property of others, and thus, it is necessary to punish the defendant strictly.

On the other hand, the defendant recognized the crime of this case and reflects the mistake in depth, the degree of injury suffered by the victim due to the traffic accident of this case is relatively minor, and the damaged person does not want the punishment of the defendant by mutual consent with the victim in the original trial, and the defendant again does not repeat such errors.

It is hard to say that it is favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and 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 as it is without merit. It is so decided as per Disposition.

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