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(영문) 서울중앙지방법원 2017.08.24 2017노732
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant is too unfasible and unfair.

Judgment

The crime of this case was committed by the defendant while driving a alcohol while taking advantage of the victim D driving vehicle in the front direction, and suffered injury to the victim F for about two weeks in need of medical treatment. The crime of this case is not good. The fact that alcohol concentration in the blood during the crime of this case was higher than 0.126% is disadvantageous to the defendant.

However, the fact that the defendant is recognized as committing the instant crime, the first offender, the vehicle operated by the defendant has been subscribed to the automobile comprehensive insurance (Evidence No. 30 of the evidence record), and the fact that the victim and the victim have reached an agreement smoothly (the self-agreement on August 8, 2017) are favorable to the defendant.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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

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