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(영문) 서울중앙지방법원 2017.05.18 2016노4790
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unfasible and unfair.

2. The instant crime was committed in a state of drinking by the Defendant, which caused the injury requiring approximately six weeks’ medical treatment by shocking the victim who dried the crosswalk while driving the vehicle in a state of drinking, and the nature of the relevant crime is not good. The fact that the alcohol level among the blood transfusion at the time of the instant crime is very high to 0.20% is disadvantageous to the Defendant.

However, the circumstances favorable to the defendant include the fact that the defendant is recognized as committing the crime of this case, the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance, the agreement is reached with the victim, and there is no record of criminal records of the same kind and suspended execution or higher.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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

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