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전주지방법원 2017.06.30 2017노293
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 4,00,000) is too unhued and unreasonable.

2. Determination

A. In light of the fact that the Criminal Procedure Act of Korea, which takes the principle of trial-oriented and directness, has a unique area for the determination of sentencing in the first instance, and that there exists an ex post facto in-depth nature of the appellate court, it is reasonable to respect the determination in the event there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) Each of the instant crimes committed by the Defendant is driven while the Defendant was under the influence of alcohol level of 0.154%, while driving while the Defendant was under the influence of alcohol level of 0.154%, and thereby resulting in a traffic accident, resulting in injury to the victim, and it is recognized that the crime

However, the above circumstances were already launched in the oral proceedings of the lower court, and there was no special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower judgment, the Defendant recognized the error of the lower court and reflects the depth of the Defendant, agreed with the victim, the Defendant’s vehicle was covered by the comprehensive automobile insurance, the victim’s injury to the Defendant is relatively minor, the Defendant did not have any history of criminal punishment, and other various sentencing conditions specified in the records and arguments, including the Defendant’s age, sex, behavior, environment, means and consequence of the crime, and the circumstances after the crime, etc., are considered as inappropriate.

Therefore, prosecutor's assertion 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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