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(영문) 수원지방법원 2019.06.13 2019노650
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the punishment of the lower judgment (two months of imprisonment and two years of suspended execution) is too unfied.

2. The instant crime is deemed necessary to strictly punish the Defendant as causing a traffic accident by driving the vehicle while driving the vehicle under the influence of 0.226% of the blood alcohol concentration. The instant crime is deemed to have been injured by three victims due to the instant crime, but the lower court also seems to have determined the punishment in consideration of all the above sentencing factors.

In light of these circumstances, injury suffered by the victims due to the crime of this case requires approximately two weeks to four weeks, and the degree of injury is not excessive; damage recovery is expected to be made to a certain extent as the motor vehicle driven by the defendant subscribed to comprehensive insurance; the defendant led to a confession and reflects against the defendant; the defendant has no record of residing in Korea since his entry into the Republic of Korea in around 2013; and the defendant's age, career, character and behavior, environment, motive, means and consequence of the crime; and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, career, character and behavior, environment, motive, means and consequence of the crime, etc., it cannot be deemed that the sentence of the judgment below is too unreasonable.

Therefore, the prosecutor's above assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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