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(영문) 청주지방법원 2019.10.17 2019노432
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is very important in the case where the defendant caused an accident while driving under the influence of alcohol 0.205% and caused the victims to suffer an injury for 203 weeks respectively while driving under the influence of alcohol. In light of the fact that the social consensus has been formed on the necessity of severe punishment for driving under the influence of alcohol, the sentence of the court below is too unreasonable.

2. In light of the above circumstances asserted by the prosecutor as the grounds for sentencing unfavorable to the defendant in the trial of the court, it seems that the court below has already determined the punishment and has sufficiently taken into account. In light of the above circumstances, the defendant has no record of being punished for the same kind of crime in this case, and the degree of injury suffered by the victims is relatively minor, and the victims have not been punished for the defendant by the agreement with the above victims, it cannot be deemed that the judgment of the court below is too unfasible and it exceeded the reasonable scope of discretion.

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. It is so decided as per Disposition.

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