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(영문) 대전지방법원 2020.10.14 2019노3777
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in light of the following: (a) the Defendant, who was punished for a violation of the Road Traffic Act due to a drunk driving, such as this case, was under the influence of alcohol and was under the influence of alcohol, resulting in a traffic accident while refusing to take a measurement of alcohol; and (b) the social consensus on the necessity of the strict punishment for a drunk driving has been formed; (c) the sentence of the lower court (one year of imprisonment, two years of suspended execution, two years of community service order, 40 hours of attendance order, and 40 hours of attendance order) is deemed to be too un

2. We examine the judgment on the grounds of appeal, and the above circumstances alleged by the prosecutor are deemed to have been sufficiently considered in the court below’s determination of the punishment at the court below. Moreover, considering the following factors: (a) the defendant committed the instant crime and committed the instant crime, and there is no criminal power, in addition to fines on two occasions; (b) the degree of injury to the victims is relatively minor; and (c) the victims are not punished against the defendant by mutual agreement with the victims, the sentencing of the court below does not seem to have exceeded the reasonable scope of discretion because the sentencing of the court below is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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