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(영문) 전주지방법원 2020.10.15 2020노1064
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 punishment (one year and two months of imprisonment, two years of suspended sentence, probation, 120 hours of community service order, 40 hours of order to attend a compliance driving lecture, and 40 hours of order to attend a compliance driving lecture) is too unhu

2. The judgment of the driving under the influence of alcohol is a very dangerous crime that may cause unexpected behaviors to the life and home of others as well as to itself by raising the possibility of traffic accidents, and is in need of strict punishment. The defendant, while driving under the condition of 0.207 percent of blood alcohol concentration, caused an accident that causes shock of the victim E, who was parked on the road, while driving on the road, and caused injury that requires approximately two weeks of treatment to the victim. The defendant, on October 9, 2012, committed an act that is disadvantageous to the defendant by the Jeonju District Court, issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) by committing a crime of violation of the Road Traffic Act (driving) by a fine of KRW 3 million on the charge of driving a motor vehicle in the influence of alcohol concentration of 0.16 percent at the Jeonju District Court on October 9, 2012.

However, the circumstances are favorable to the defendant, such as the fact that the defendant is divided into his criminal act from the investigation stage to the trial of the court, that the defendant expressed his intention not to punish the defendant in the investigation stage by mutual consent with the victim, that the defendant was hospitalized for the defendant for about one month from May 20, 2020 to June 22, 2020, and that the vehicle operated at the time of each of the instant criminal acts was transferred, that the defendant had no record of criminal punishment exceeding the fine, and that there was no record of criminal punishment since 2013.

In addition, in full view of the defendant's age, character and conduct, environment and other sentencing conditions, the sentence of the court below cannot be deemed to be too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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