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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2017.12.08 2017노7156
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant’s misjudgments and reflects his fault; (b) the Defendant has no record of punishment exceeding the fine; and (c) the Defendant’s vehicle is covered by the comprehensive automobile insurance policy.

On the other hand, even though the Defendant had been punished once due to drinking driving, the Defendant caused the instant traffic accident by negligence, which caused the death of the victim due to negligence while neglecting his/her duty of pre-driving while being unable to drive normally under the influence of alcohol, which led to the death of the victim, and the fact that it has not been agreed with by the bereaved family members up to

In addition, considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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