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(영문) 서울중앙지방법원 2017.06.22 2017노31
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (two years of suspended sentence in the month of imprisonment with prison labor, two years of suspended sentence in the month of imprisonment, and two times of community service order 240 hours) is deemed to be too un

2. The judgment of the court below is that the defendant was punished four times or by a fine due to the violation of the Road Traffic Act (drinking driving). The crime of this case is unfavorable to the defendant, such as the following: (a) the defendant's act of driving alcohol while driving alcohol, shocked a motor vehicle damaged by the signal waiting; and (b) the defendant caused a traffic accident that caused the victim to conceal the damage caused by the signal waiting, thereby causing injury to the victims; (c) the degree of the crime is not good; (d) the alcohol concentration in blood alcohol level is relatively high to 0.117% at the time of the crime of this case; and (e) the fact that there was no agreement with the victims.

However, the fact that the defendant is recognized as committing the crime of this case, the vehicle operated by the defendant is subscribed to a comprehensive motor vehicle insurance, and the defendant pays 3 million won to the Hyundai Commercial Reinsurance Co., Ltd. with his own charge to compensate for the large person, and the Hyundai Commercial Reinsurance Co., Ltd. pays 1,216,490 won to the victim C with the large person compensation, 1,063,750 won to the victim E (refer to the evidence No. 2-1, 4, 3-1, 3-2 of the evidence No. 2 of the appellate trial submitted in the appellate trial), and the extent of injury to the victims is not much important for the defendant.

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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