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(영문) 대구지방법원 2018.07.12 2018노708
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentencing (two years of the suspended sentence of six months, the community service order80 hours, and the order to attend a compliance driving 40 hours) on the gist of the grounds of appeal is deemed unreasonable because it is too unfasible.

2. The judgment of the Defendant caused a traffic accident while driving under the influence of alcohol one time, even though he had a history of punishment.

The defendant was unable to reach an agreement with the victim.

However, in full view of the various circumstances that are conditions for sentencing, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, including the fact that the piracy vehicle is covered by a comprehensive insurance and the degree of injury suffered by the victim is relatively minor, and that there is no special change in circumstances or circumstances that make it possible to change the sentencing of the lower court after the crime, the sentencing of the lower court is not unfair.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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