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(영문) 대구지방법원 2017.03.23 2016노3260
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 (six months of imprisonment, two years of suspended execution, and forty hours of order to attend a law enforcement lecture) is too uneasible and unfair.

2. The judgment of the defendant committed the crime of this case by causing a traffic accident while driving a motor vehicle in the same kind of criminal record and having been punished for driving under drinking twice again, and the defendant's high drinking level is recognized.

However, in full view of all the sentencing conditions in the records, including the fact that the defendant recognized the facts charged, the fact that there is no previous conviction in addition to the fine, the victims are not subject to the punishment of the defendant due to their agreement with the victims, the vehicle is covered by a comprehensive insurance, the degree of injury of the victims is relatively minor, and the degree of injury of the victims is relatively minor, and other sentencing conditions in the records, such as the defendant's age, sex, environment, and circumstances after the crime, the sentence of the

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That the omission of "Article 53 and Article 55 (1) 3 of the Criminal Act" in the application of the law of the court below is obvious that it is a clerical error and it is corrected ex officio as it is corrected ex officio).

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