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(영문) 부산지방법원 2017.09.19 2017노2838
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence against the Defendant on summary of the prosecutor’s appeal grounds (the imprisonment of eight months and the suspension of the execution of two years, alcohol treatment lectures and compliance lectures, 40 hours each of the orders to attend a community service order, 120 hours each of the orders to provide community service) is too unfasible and unreasonable.

2. The Defendant’s crime of this case, based on the following facts: (a) even though the Defendant had been punished twice or more due to the Defendant’s violation of the Road Traffic Act due to drinking driving; (b) was under the influence of alcohol; (c) was driving a vehicle while under the influence of alcohol; and (d) caused the victim C and E by a traffic accident in the course of business and room with a difficulty in driving a car; and (c) was in need of approximately two weeks medical treatment; and (d) was committed with heavy liability in light of the content of the crime; and (e) the Defendant’s blood alcohol concentration at the time of the crime was high.

However, it is reasonable to respect the determination of sentencing in our Criminal Procedure Act, which adopts the trial-oriented principle and the trial-oriented principle, where there is no change in the conditions of sentencing and the sentencing in the first instance is not beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstance against the recognized defendant does not fall under any special change in circumstances that could change the sentence of the court below after the pronouncement of the judgment of the court below, and it does not fall under any other change in circumstances that could change the sentence of the court below after the sentence of the court below, and considering the circumstances that become the conditions for the sentencing in the argument of this case, such as the defendant's age, age, happiness, environment, etc., the court below's punishment against the defendant is too unfair.

3. In conclusion, the prosecutor’s appeal is without merit, and it is in accordance with Article 364(4) of the Criminal Procedure Act.

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