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(영문) 광주지방법원 2018.08.22 2018노200
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of six months, the suspension of the execution of two years, the observation of protection, the community service work for 160 hours, the 24 hours compliance driving lectures, and the order to attend lectures for alcohol treatment for 40 hours) of the lower court is too uneasy and unreasonable.

2. The circumstances unfavorable to the Defendant, such as the following: (a) the Defendant’s blood alcohol concentration was considerably high; (b) no agreement has been reached with the victim; and (c) the record of being sentenced to a fine due to driving under drinking, etc.; (c) the Defendant recognized the instant crime and reflects it; and (d) the injury suffered by the victim is serious;

In full view of the various sentencing conditions indicated in the argument of this case, such as the fact that it is difficult to see, the fact that a motor vehicle comprehensive insurance is subscribed, and there is no change in sentencing conditions compared to the original judgment, the prosecutor’s above 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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