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(영문) 수원지방법원 2017.05.31 2016노8828
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (6 million won in penalty) is too unhued and unreasonable.

2. The defendant, while driving a drinking alcohol, caused an accident and thus, the risk of drinking driving was realized.

In addition, one defendant has been sentenced to each fine due to drinking driving and unauthorized driving.

However, the victims did not have any relatively serious injury and agreed with the victims.

There is no record of criminal punishment for the defendant more than a fine and after 2008.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, and thus, 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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