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(영문) 대구지방법원 2017.05.11 2016노4649
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the sentence of 2 years of suspended execution in 10 months of imprisonment, community service hours 80 hours, compliance driving lectures 40 hours in prison) is too uneased and unfair.

2. On the other hand, even though the Defendant had been punished twice due to a violation of the Road Traffic Act, he/she caused a traffic accident while driving a motor vehicle while driving a motor vehicle with a high alcohol level of 0.147% in blood while driving the motor vehicle and resulting in an injury to many victims, the Defendant needs to be punished corresponding thereto.

However, in full view of all the sentencing conditions in the records, including the defendant's age, sex, environment, occupation, and circumstances after the crime, the sentence of the court below is too unfeasible and unfair, and it is not recognized that it is unfair in light of the following: (a) the victims are not subject to the punishment of the defendant by agreement with the victims; (b) the vehicle is covered by the comprehensive motor vehicle insurance; and (c) the defendant does not have any criminal record exceeding the fine; and (d) the defendant has

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

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