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(영문) 서울동부지방법원 2017.05.19 2016노1343
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) and the background of the instant crime, degree of damage, etc., the sentence imposed by the lower court against the Defendant (one hundred months of imprisonment, two years of suspended execution, and eight hours of community service) is too uneasy and unreasonable.

2. The lower court determined that the person would not drive drinking again under favorable circumstances (1).

In full view of the fact that the defendant was driving under the influence of alcohol and suffered injury to the victims who were in the signal atmosphere without any error, and the fact that there was no history of committing the same kind of crime, and that there was no record of punishment other than the punishment of a fine of KRW 300,000 due to larceny in 201, ② under the unfavorable circumstances, the defendant was driving under the influence of alcohol to the degree that he was driving under the influence of alcohol, and without any error, the victim who was in the signal atmosphere was injured, and the numerical value of alcohol is very high.

In full view of the above various circumstances and other reasons for sentencing as well as the records, it is not deemed that the sentence imposed by the court below against the defendant is too unfortunate and unfair.

In the end, 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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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