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(영문) 대구지방법원 2017.06.20 2017노275
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (ten months of imprisonment, two years of suspended execution, and forty hours of lecture of compliance driving) on the summary of the grounds for appeal is deemed unreasonable.

2. The judgment of the Defendant caused the instant traffic accident while driving a dangerous driving at a speed exceeding 71 km per hour, speed exceeding 71 km per hour, and caused three victims who were accompanied by the Defendant’s vehicle due to the foregoing accident.

Among victims, the degree of injury suffered by the victim F and G is serious.

This is disadvantageous to the defendant.

However, in full view of all the sentencing conditions indicated in the records, including the fact that the Defendant recognized the facts charged, the primary offender, the driving vehicle is covered by a comprehensive insurance, the victims are not subject to the punishment of the Defendant (the victim F is the spouse of the Defendant) upon agreement with the victims, and the Defendant’s age, sex, environment, circumstances leading to the crime, and circumstances after the crime, etc., the lower court’s punishment is deemed unfair and unreasonable.

3. As such, the prosecutor’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That the application of the judgment of the court below is obvious that the omission of “the choice of punishment: each choice of imprisonment” is a clerical error, and thus, it is corrected ex officio as it is corrected ex officio).

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