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(영문) 부산지방법원 2020.07.23 2020노791
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the sentence of the lower court (two years of suspended sentence for one year of imprisonment, forty hours of a compliance driving lecture, and 120 hours of a community service order) is too unfford and unreasonable;

2. Determination

A. According to the records, the court below determined a punishment by taking account of various sentencing reasons, including the following: (a) the inferior nature of the crime in light of the process and method of the crime; (b) the blood alcohol concentration is considerably high; (c) the history of punishment for the same kind of crime is two times; (d) the degree of injury suffered by the victim is relatively minor; and (e) the degree of injury suffered by the victim was relatively minor; and (e) the victim agreed with the victim

B. Although there is no change in the conditions of sentencing compared with 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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