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(영문) 광주고등법원 (전주) 2013.03.12 2012노317
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 imprisonment (two months of imprisonment and two years of suspended execution) is too unhued and unreasonable.

2. The instant crime was committed by the Defendant, without a driver’s license, in excess of C of the victim who driven a motor vehicle while under the influence of alcohol concentration of 0.257%. The Defendant again driven a motor vehicle to drive the motor vehicle in order to take the said victim to the hospital, and caused the injury to two persons, who met the vehicle of the victim D driving at the intersection. As such, the Defendant did not suffer from the alcohol level of the victim at the time of the instant crime, and the quality of the relevant crime cannot be deemed to be light by having up to two persons.

However, the defendant led to his confession of the crime of this case and his mistake in depth, deposited KRW 80,00 for the victim C during the trial, and the second accident committed by the defendant was committed while leaving the hospital, which may be considered in the motive of the crime. The victim of the first accident was not directly shocked on the defendant's vehicle, and the victim of the second accident was deemed to have been injured by the wind that the victim was playing. The degree of damage caused by the second accident is not significant. The defendant did not seem to have been sentenced to imprisonment for fraud on October 25, 2007 and the defendant was sentenced to punishment of KRW 30,000 for the violation of the Military Service Act on October 19, 207, and there was no other history of punishment except for punishment of KRW 300,000 for the defendant's age, character and behavior, environment, motive, means and result of the crime of this case, and circumstances after the crime, etc., it cannot be viewed that the court below's sentencing is unfair.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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

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