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(영문) 수원지방법원 2017.06.21 2016노8940
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 sentence (three years of suspended execution in one year of imprisonment, observation of protection, and forty hours of attending a compliance driving) is too unhued and unreasonable.

2. In light of the fact that the defendant had a criminal record for the same kind of judgment, and that he had a drinking or a driverless license again while being tried for a crime No. 1 and 2 of the judgment of the court below, it is necessary to punish the defendant strictly.

However, in full view of the following: (a) the age of 82 years and the degree of injury of the victims caused by the instant accident is relatively weak; (b) the victim D does not want to be punished by the Defendant; (c) the Defendant’s vehicle is covered by a comprehensive automobile insurance policy; and (d) other various sentencing conditions specified in the instant argument, including the background of the instant crime; (b) circumstances after the instant crime; and (c) the Defendant’s age, sexual behavior, and environment, the lower court’s punishment is too uneasible and unreasonable, 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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