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(영문) 대전지방법원 2015.08.20 2015노496
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended execution) of the original judgment is deemed to be too uneasible and unfair.

2. The instant crime committed by the Defendant is driving a car in a state where it is difficult for the Defendant to drive the car normally due to a full-time situation.

It is not easy to say that seven victims who were on board the combined vehicle were injured by the victim D's failure to take part in the vehicle, and that the crime is less and less.

However, considering the following circumstances: (a) the Defendant’s mistake is deeply divided and reflected in depth; (b) Defendant’s driver’s car is covered by a comprehensive insurance policy; (c) the victims deposited KRW 1.5 million from 1 million to 1.5 million for the victims; and (d) there is no record of criminal punishment exceeding fines; and (b) other factors such as Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) all the sentencing conditions such as the circumstances after the crime, etc., the sentence of the lower court is too unreasonable to the extent that

3. The appeal filed by the prosecutor with the conclusion is groundless, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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