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(영문) 수원지방법원 2017.05.19 2016노7365
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (two years of suspended execution in the imprisonment of eight months, and forty hours of lecture attendance order for compliance driving) is too uneasible and unfair.

2. The crime of this case committed by the defendant, which caused a traffic accident that the victim would suffer from an injury by driving alcohol, shall not be deemed to be minor;

On the other hand, when comprehensively considering the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, the defendant has no criminal history of the same kind other than the punishment imposed once for the same crime, the injury of the victims, and the fact that the accident vehicle is being covered by the automobile comprehensive insurance, etc., and all of the sentencing conditions of the defendant in this case, including the defendant's age, sexual behavior, environment, motive for the crime, and circumstances after the crime, it is not recognized that the sentence of the court below is too uneasible 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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