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(영문) 전주지방법원 2016.09.30 2016노893
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment, two years of suspended sentence, etc.) is too uneasy and unreasonable.

2. The judgment of the court below is that the crime of this case committed by the defendant while driving a drinking alcohol and causing a traffic accident to inflict injury upon the victims requiring a second week medical treatment, etc. The crime of this case is not good. The defendant committed the crime of this case even though he had the record of criminal punishment for the same kind of crime, and the driving of drinking is a crime that may cause serious danger to the life and property of others, and thus, it is necessary to strictly punish the defendant.

On the other hand, the fact that the defendant recognized his crime and reflects his mistake in depth, the degree of injury suffered by the victims due to the traffic accident in this case is relatively minor, and the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, and the victims do not want the punishment of the defendant in the original trial, and the family of the defendant want the preference against the defendant, are favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

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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