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(영문) 대구지방법원 2017.06.22 2016노5642
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (eight million won in penalty) is too unhued and unreasonable.

2. In 2007, even though the Defendant had been punished for driving under drinking, the Defendant, while driving under drinking again during the suspension of the execution period due to the crime of this type, caused the instant traffic accident and caused the injury to four victims.

The defendant was unable to receive correspondence from the victim C among the victims.

However, in full view of all the sentencing conditions in the records, including the fact that the defendant recognized the facts charged, the victim E, I, and G agreed with the victims that the above victims were not subject to the punishment of the defendant, the vehicle is covered by a comprehensive automobile insurance and the degree of injury the victims suffered, and the degree of injury the victims is relatively small, and other sentencing conditions in the records, such as the defendant's age, sex, environment, circumstances leading to the crime, and circumstances after the crime, the sentence of the court below is not recognized as unfair.

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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