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(영문) 서울중앙지방법원 2017.06.15 2016노5358
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (6 million won in penalty) is too unhued and unfair.

Judgment

In that the defendant 0.197% was driving while driving a signal at 0.197% and driving the driver of the damaged vehicle and the passenger in the signal waiting, and suffered the necessary injury for two weeks of treatment respectively, the nature of the crime is heavy.

However, the court below agreed that the defendant was the first offender, that the defendant agreed with the victims on November 1, 2016 at the court below (the document attached to the motion for the appointment of the defense counsel from May 10, 2017), that the defendant paid 45 million won as compensation for damages caused by an accident to the victims, and that the defendant paid 5 million won as a total by paying 5 million won as compensation for an accident to the victims.

On the other hand, on November 16, 2016, the Defendant agreed to receive KRW 27 million from the said union with the National Litter's Financial Cooperative related to the deduction of Defendant's driver's vehicles.

(See, in full view of the fact that the degree of injury of the victims is relatively minor, and other various sentencing conditions, including the Defendant’s age, sex, environment, and circumstances after the commission of the crime, the lower court’s sentence cannot be deemed unfair because it is too unfasible.

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

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