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(영문) 수원지방법원 2018.09.05 2018노2060
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 (7 million won in penalty) is too unhued and unreasonable.

2. A judgment driving is an offense that may inflict a great harm on an unspecified person, and is highly dangerous in society;

In fact, it is an unfavorable circumstance that the defendant's driving with drinking alcohol causes a traffic accident and the danger of it is realistic.

However, in full view of the following: (a) the first offense with no criminal history; (b) the victim’s damage is relatively minor; and (c) the Defendant’s vehicle is covered by a motor vehicle comprehensive insurance policy; and (d) other various sentencing conditions specified in the instant argument, such as the background of the instant crime; (b) the circumstances after the instant crime; (c) the Defendant’s age, sexual conduct, and environment, the lower court’s punishment is too low and is not deemed unfair, and thus, the Prosecutor’s assertion is groundless

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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