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(영문) 청주지방법원 2019.09.19 2019노285
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the Defendant committed an accident while driving under the influence of alcohol with a blood alcohol content of 0.160% and caused the victim to suffer serious injury within six weeks prior to the occurrence of an accident; and (b) a social consensus is formed on the need for strict punishment for driving under the influence of alcohol.

2. The court below decided the above punishment against the defendant on the grounds as stated in its reasoning. The circumstances alleged by the prosecutor as a reason for sentencing unfavorable to the court below are deemed to have been sufficiently taken into account when determining the punishment in the court below. In light of the above, the defendant, who did not have any criminal power, appears to have committed the crime of this case in a timely fashion, and the defendant, who did not have any punishment against the defendant, appears to be able to have committed the crime of this case in a timely manner, and by agreement with the victim, the victim was not subject to punishment against the defendant, the court below's sentencing judgment cannot be deemed to have exceeded the reasonable scope of discretion because it is too un

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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