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(영문) 수원지방법원 2015.05.22 2014노5784
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 4,00,000 (a fine of KRW 4,000) is too unhued and unreasonable.

2. The blood alcohol content in the case of a driving under the influence of alcohol reaches 0.177%, and the nature of the crime is not that of the victim in that the victim suffered injury by causing traffic accidents.

However, in full view of the following circumstances: (a) the Defendant is recognized as committing the instant crime and is against the Defendant’s age; (b) the Defendant was sentenced to a fine of one million won by the Busan District Court on August 7, 2001 to a crime of violation of the Road Traffic Act; (c) there is no record of criminal punishment; (d) the degree of injury inflicted on the victim is not heavy; (d) the Defendant’s vehicle is covered by comprehensive insurance; (e) the Defendant’s vehicle is able to recover damage; and (e) other circumstances that form the condition for sentencing as indicated in the instant case’s sentencing, such as the Defendant’s age, character and behavior, environment

Therefore, the prosecutor's above assertion of unfair sentencing is without merit.

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

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