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(영문) 수원지방법원 2017.11.22 2017노5067
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 (two years of suspended sentence and forty hours of lecture attendance order for compliance driving in October) is too uneased and unreasonable.

2. In light of the fact that the defendant had already been punished for driving under drinking and again caused the accident of this case by driving under drinking and caused the injury to the victims, it is necessary to strictly punish the defendant.

However, there is no particular criminal history except the fact that the defendant recognized his/her mistake and reflects his/her depth, and is sentenced to a fine due to drinking driving in 2015.

In addition, in the first instance, there was an agreement with the victim E, and the degree of injury of the victims is not much serious.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, and thus, the Prosecutor’s assertion is without merit.

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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