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(영문) 대전지방법원 2013.10.24 2013노1304
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (one year and two months of imprisonment, two years of probation, 40 hours of probation, compliance driving and alcohol therapy) is too uneased and unfair.

Judgment

On December 3, 2012, the Defendant again committed each of the instant crimes after being notified of a summary order of a fine of KRW 2.5 million due to the violation of the Road Traffic Act on December 3, 2012. The Defendant is recognized to have been punished several times due to the same violation of the Road Traffic Act in the past, but, in the past, there was a history of having been punished several times due to the same violation of the Road Traffic Act. Meanwhile, the Defendant confessions and reflects the instant crimes; the degree of each injury suffered by the victims is relatively minor; the victims are not wanting to be punished against the Defendant; and the victims are not wanting to recover all other damage; and all all the sentencing conditions such as the age, character, character, environment, and circumstances after the crime, etc., the Prosecutor’s assertion is without merit.

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

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