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(영문) 수원지방법원 2017.06.09 2016노7806
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 (eight million won in penalty) is too unhued and unreasonable.

2. The instant crime is an unfavorable circumstance to the Defendant, where the Defendant driven while under the influence of alcohol, and thereby resulting in a traffic accident resulting in the injury to three victims, and the nature of such crime is not somewhat weak, and the Defendant has the same criminal records.

However, the defendant would not drive drinking again against his mistake in depth and again.

The fact that the defendant's driver's vehicle has been covered by a comprehensive motor vehicle insurance, that the victims and the victims have agreed smoothly, that the victims wanted the defendant's prior wife, and that the family and the branch of the defendant's family have been complaining of the defendant's prior wife, and that the family relation of the defendant's family seems to be relatively publicly announced.

Considering all of the above circumstances and other conditions of sentencing under Article 51 of the Criminal Act, it is difficult to deem that the lower court’s punishment is too unfasible and unfair.

Therefore, the prosecutor's above 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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