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(영문) 광주지방법원 2014.03.12 2013노2617
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (ten months of imprisonment, two years of suspended execution, 120 hours of community service, and 40 hours of law-abiding lecture) is too uncomfortable and unfair.

Judgment

Although the defendant committed the crime of this case even though he had a previous conviction for the same drinking driving and four previous convictions, he committed the crime of this case, and that the victim is not less than seven persons.

However, considering the fact that the victims are not injured, the fact that they are subscribed to a motor vehicle comprehensive insurance, and that they agreed with the victims is favorable, and other various sentencing conditions specified in the arguments in the instant case, such as the background of the instant crime, the circumstances after the commission of the crime, the age and character environment of the defendants, etc., the prosecutor’s assertion is without merit, since the lower court’s punishment is too unreasonable.

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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