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(영문) 부산지방법원 2019.06.13 2019노600
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence of the lower court (two years of suspended sentence for eight months of imprisonment and eight hours of an order to attend a compliance driving lecture) is too uneased and unreasonable;

2. Determination

A. According to the records, the court below determined a punishment in consideration of various sentencing reasons, such as the fact that the blood alcohol concentration level is considerably high, the degree of damage is significant, the fact that the degree of damage is repented and reflected, the victims do not want the punishment of the defendant, and the victims do not have any criminal power except that sentenced to a fine due to the obstruction of performance of official duties in 2010.

B. Although there is no change in the conditions of sentencing compared to the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

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.

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