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(영문) 대전지방법원 2015.05.21 2014노2870
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court on the Defendant is too unfased and unreasonable.

2. The fact that the Defendant’s blood alcohol concentration did not lower the Defendant’s blood alcohol content is disadvantageous.

However, in light of the favorable circumstances, such as the Defendant’s primary offender who has no criminal power in the past, the Defendant engaged in the vehicle transport business, the Defendant was supported by the wife of the first degree disability and the children attending high school and the middle school. The Defendant appears to have suffered considerable difficulty in living in the past due to the cancellation of the driver’s license due to the instant crime, and the Defendant agreed with the victim C only by himself, and the Defendant’s B car car of the Defendant was covered by a comprehensive insurance policy, and other favorable sentencing conditions stipulated in Article 51 of the Criminal Act, such as Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., the lower court’s sentence against the Defendant cannot be deemed to be unfair as it is adequate and too unreasonable, and the Prosecutor’s allegation of unfair sentencing is without merit.

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

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