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(영문) 수원지방법원 2018.11.14 2018노5653
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment, one year of suspended execution, 80 hours of community service order, and 40 hours of compliance driving instruction) is too uneasy and unreasonable.

2. In light of the circumstances and contents of each of the instant crimes, the fact that the crime is not good in light of the background and contents of each of the instant crimes, the fact that the Defendant was punished once for the same type of crime, etc. is disadvantageous to the Defendant, on the other hand, that the Defendant was against the crime, that the victims were not injured, that the victim D expressed his intention not to be punished against the Defendant, and that the vehicle of the Defendant driving was covered by the comprehensive motor vehicle insurance, etc. are favorable to the Defendant.

Considering the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s age, sex, and environment, it is difficult to view that the lower court’s punishment is too uneasible and unfair.

Therefore, the prosecutor's above 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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