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(영문) 서울중앙지방법원 2017.11.03 2017노3261
특정범죄가중처벌등에관한법률위반(위험운전치상)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 (two years of suspended sentence of imprisonment for August, one year of suspended sentence, and one hundred and sixty hours of community service) is too unreasonable.

2. In the instant case where there is no change in the sentencing conditions that can be considered for the first time in the appellate trial, there is no particular change in the sentencing conditions that are favorable to the Defendant, taking full account of various circumstances such as the circumstances favorable to the Defendant, the Defendant’s age, sex, environment, health condition, family relationship, motive and means of the offense, and consequence of the offense, and the following circumstances, including the following: (a) the Defendant’s vehicle while driving in a relatively high drinking condition with alcohol level of 0.17%; (b) the injury to the driver and his/her passengers was inflicted; (c) the Defendant’s injury (in need of two weeks medical treatment) was not relatively heavy; (d) the fact of the offense was recognized; (e) the injured vehicle’s agreement with the driver; and (e) the fact that there was no like criminal conviction related to driving after being sentenced to a fine of one million won on or around February 199; and (e) the Defendant’s age, sex, environment, health status, motive and consequence of the offense; and (e) the circumstances after the sentencing.

Therefore, the prosecutor's improper argument of sentencing is not accepted.

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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