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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2018.08.10 2018노3239
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment and two years of suspended sentence) is deemed to be too unhued and unfair.

2. The following are circumstances that are favorable to the Defendant: (a) the Defendant had a history of punishing several times due to the Defendant’s blood alcohol crime; (b) the Defendant’s blood alcohol concentration at the time of the instant case was relatively high; (c) the Defendant’s reflects the Defendant; (d) the Defendant has no history of punishment exceeding the fine; (c) the victim does not want the Defendant’s punishment by mutual consent with the victim; and (d) the Defendant’s social relative relationship is clear.

Considering the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s occupation, age, sex, environment, family relationship, etc., the lower court’s punishment is too unfeasible and it is difficult to view it as 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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