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(영문) 서울중앙지방법원 2017.06.22 2017노59
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 sentenced to the defendant is too unfasible and unfair.

2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant, while driving alcohol while driving alcohol, was invaded by the center line and sustained injury to the victims by being injured by the victim. The crime of this case is not good, and the alcohol concentration in blood is considerably high by 0.182% at the time of the crime of this case.

However, the circumstances are favorable to the defendant, such as the fact that the defendant is recognized as committing the instant crime, the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, the fact that the victims have agreed smoothly with the victims, the degree of injury of the victims has not been excessive, and the fact that there is no record of punishment for the same kind of crime other than once of the fine.

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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