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(영문) 청주지방법원 2018.01.11 2017노1046
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (ten months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. Circumstances unfavorable to the defendant are as follows.

The defendant's drinking value is 0.260% high.

The risk of drinking driving was realized.

The defendant did not agree with the victims, and the victims were punished for the defendant.

Circumstances favorable to the defendant shall be as follows:

The Defendant confessions all of the crimes of this case, and is against the law.

The defendant has no record of punishment except for a crime of violation of the Road Traffic Act in 2007, which is somewhat long long long and has been sentenced to a fine.

The defendant's vehicles are covered by comprehensive insurance.

The actual injury suffered by the victims is not so serious that the victims need to receive approximately two weeks' medical treatment due to the climatic salt, tension, etc.

The defendant scrapped the vehicle that he had driven at the time and does not repeat the crime.

There are many things.

The defendant support three children including the children of the fourth degree of disability.

The defendant is faced with economic difficulties, such as proceeding with personal rehabilitation procedures.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

The prosecutor's 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.

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