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(영문) 수원지방법원 2018.01.17 2017노6836
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (three years of suspended sentence for two years of imprisonment, one hundred and sixty hours of community service, and forty hours of instruction of compliance driving) on the summary of the grounds of appeal is deemed to be too uneasy and unreasonable.

2. The judgment of the defendant, even though he had a driving force of drinking more than twice, has caused a traffic accident resulting in the victim's death. Therefore, strict punishment corresponding thereto is required.

However, the defendant does not drive under the influence of alcohol again due to the fact that he/she repents his/her mistake by living in close custody for six months in the court below, and that he/she would not drive under the influence of alcohol again by disposing of the vehicle

In light of the following: (a) the Defendant agreed with the victim; (b) the victim was the victim's wife; (c) the victim was the victim's wife following the original trial; (d) the defendant was wanting to be the victim's wife in the trial; (e) the defendant did not have any criminal record of a stay of execution or more; and (e) the court below ordered the order to provide community service and attend lectures together with the suspension of execution of imprisonment; and (e) other various sentencing conditions as shown in the instant argument, such as the defendant's age, sex and environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc.

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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