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(영문) 대구지방법원 2014.12.18 2014노2263
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The Defendant committed the instant crime with the record of punishment once due to drunk driving.

The Defendant’s blood alcohol concentration was 0.204% higher, and the Defendant received the victim E’s vehicle in the signal atmosphere from the opposite side to the intersection, caused the accident of receiving the victim’s G vehicle that had been pushed down by the victim E due to the shock, and four victims suffered the injury due to the instant traffic accident.

However, the defendant has no record of criminal punishment except for the above power, and does not repeat the crime of this case, such as breaking the error in the crime of this case in depth, and scrapping the defendant's vehicle.

The extent of damage caused by the victims is relatively minor due to the climatic climatics, etc. requiring treatment for about two weeks or three weeks, and the defendant's vehicle is not subject to comprehensive insurance, in addition to the defendant's vehicle, the victims do not want punishment by agreement with all of the victims.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because the sentence imposed by the court below is too uneasible.

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

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