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(영문) 춘천지방법원 강릉지원 2016.09.01 2016노226
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than two years, and 40 hours during the compliance driving course) of the lower court is deemed to be too uneasible and unfair.

2. The judgment of the defendant suffered injury to victims due to drunk driving and signal violation, and the illegality is serious, and there is a record of punishment several times due to drunk driving.

However, considering the following circumstances: (a) the Defendant’s vehicle is covered by an automobile comprehensive insurance policy; (b) the degree of injury suffered by the victims is not an important part; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) other circumstances that form the conditions for sentencing as indicated in the instant case, such as the circumstances after the crime, the lower court’s sentence cannot be deemed unreasonable

The prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion 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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