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(영문) 전주지방법원 2016.10.21 2016노1034
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) of the lower court is too unfilled and unreasonable.

2. The crime of this case is a case where the defendant was under the influence of alcohol level 0.130% and caused a traffic accident while driving a blood alcohol level 0.130% and resulting in the victim's injury, such as climatic salt, which requires treatment for about two to three weeks, and the nature of the crime is not easy, and the driving under the influence of alcohol is a crime that may cause serious danger to the life and property of another person as well as himself/herself, and thus, there is a need for strict punishment against the defendant.

On the other hand, there is no record of criminal punishment that the defendant had previously been subject to criminal punishment, the recognition of the crime of this case and the violation of the mistake, and the fact that the victims do not want the punishment of the defendant by mutual consent with the victims at the original trial, and that they do not repeat the same mistake again is favorable to the defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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