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(영문) 전주지방법원 2016.09.09 2016노813
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one hundred months of imprisonment, two years of suspended sentence, observation of protection, etc.) is too uneasible and unfair.

2. The crime of this case is a case where the defendant driving under the influence of alcohol level of 0.154% while blood alcohol level while causing a traffic accident, resulting in the four victims requiring approximately two weeks medical treatment, and the nature of the crime is not weak. The defendant already committed the crime of this case, even though he had the record of criminal punishment of fines twice for the same crime, and at the same time committed the crime of this case against the defendant.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, that the degree of injury suffered by the victims is not serious due to the crime of this case, that the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, and that the damage of the victims is presumed to have been recovered to a certain extent, that the defendant deposited 1.5 million won for the victims, and that the defendant does not drive drinking again, such as scrapping of the vehicle driving of this case, etc.

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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