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(영문) 수원지방법원 2018.10.10 2018노2722
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 (6 million won in penalty) is too unhued and unreasonable.

2. The judgment of the Defendant did not provide the victim E with personal information while driving a vehicle parked while driving alcohol, and the Defendant sustained injury to the victim G due to a traffic accident while continuing driving, and the Defendant’s blood alcohol concentration is relatively high.

However, in consideration of the favorable circumstances, such as the fact that the defendant is divided into and against his mistake, the degree of injury to the victim G or damage to the vehicle, the fact that the damage is expected to be recovered due to the purchase of an automobile comprehensive insurance, the fact that the defendant has been faithfully living without criminal records, the fact that there has been family members to support so far, and all of the sentencing conditions in the instant case, such as the age, sex behavior, environment, the background and result of the instant crime, the circumstances after the crime, etc., the prosecutor's above assertion is not reasonable, since the sentence of the court below is too uneasible and it is not recognized that it is 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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