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(영문) 수원지방법원 2017.05.19 2016노7211
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (6 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The offense of the accused, such as that the accused suffers an injury to two victims due to a traffic accident resulting from drinking driving, etc., shall not be light;

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, that there was no penalty other than a fine imposed on the defendant for a violation of the Road Traffic Act prior to the instant case, that there was no significant injury to the victims, that the defendant paid KRW 4 million to the victim C, that the defendant agreed smoothly with the victim by paying KRW 4 million to the victim, that the victim was paid through the automobile comprehensive insurance for the vehicle of the defendant, and that the medical expenses were paid to the victims through the automobile comprehensive insurance for the victim, the defendant's age, sex, environment, motive, means and consequence of the crime, etc., it is not recognized that the court below's punishment is too unjustifiable and unfair.

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

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 (Article 25 (1) of the Regulation on Criminal Procedure, however, that the part of "Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act" among "the pertinent Act on the 1. criminal facts" of "Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act is amended as "Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act."

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