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(영문) 서울중앙지방법원 2016.10.27 2016노3092
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The judgment that the defendant recognized the crime of this case, that there was no previous conviction or more than a suspended sentence, and that the defendant deposited 4 million won for the victim after the closure of the trial at the appellate court is favorable to the defendant.

However, the instant traffic accident occurred as a result of neglecting the duty of care due to drinking driving, and thereby two victims suffered injury, and among them, E suffers serious injury to the extent that it requires 12 weeks of treatment, Defendant driving vehicles are not covered by comprehensive motor vehicle insurance, and it seems that it is not easy to recover damage due to the failure to reach an agreement with Defendant and the victim, and the Defendant seems to have been sentenced two times of a fine due to driving without permission, including the Road Traffic Act violation, the Act on Special Cases concerning the Settlement of Traffic Accidents, the Act on Special Cases concerning the Settlement of Traffic Accidents, and the Guarantee of Automobile Accident Compensation Act, are disadvantageous to the Defendant.

In addition to the above circumstances, in full view of various circumstances, such as the defendant's age, character and conduct, environment, and circumstances after the crime, the sentence imposed by the court below is too minor.

It is not likely that it is improper or too unreasonable.

All prosecutor's and defendant's arguments are rejected.

3. The appeal by the prosecutor of the conclusion and the defendant is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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