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(영문) 부산지방법원 2019.10.10 2019노1680
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of one year and six months suspended sentence, a community service work240 hours, and a course of compliance driving 40 hours) declared by the court below is deemed to be too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Although the degree of injury suffered by victims is not less than that of the victims, the lower court imposed a sentence by taking into account the following: (a) the Defendant did not have the same criminal record; and (b) the Defendant, after the instant crime, agreed with the victims, applied the victim D to the Defendant’s preference.

In full view of the following factors: although the Defendant’s blood alcohol concentration (0.194%) is deemed to have high level, the Defendant appears to reflect the Defendant’s perception of all crimes; the Defendant did not have any particular criminal power, other than the punishment twice a fine as an offense; the Defendant did not have any change in circumstances or normal relationship; and the Defendant’s age, character and conduct, circumstances of the offense, and circumstances after the offense, etc., as a whole, the sentence imposed by the lower court was conducted within the reasonable scope of discretion, and is not easy.

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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