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(영문) 수원지방법원 2018.07.06 2018노1277
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 (eight million won in penalty) is too unhued and unreasonable.

2. Determination is an unfavorable circumstance to the Defendant, such as the fact that the Defendant was driving under the influence of alcohol, thereby causing bodily injury to the victim, and that the Defendant’s blood alcohol concentration is very high, and the quality of each of the crimes of this case is not weak, and that the Defendant did not agree with the victim, etc.

On the other hand, the fact that the defendant's mistake is against the defendant, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, the degree of injury of the victim is relatively heavy, and the defendant has no penalty power against the defendant is favorable to the defendant.

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem the lower court’s punishment to be too unfortunate and unfair.

Therefore, the prosecutor's above assertion 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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