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(영문) 광주지방법원 2019.08.22 2018노3856
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, and forty hours of attending the law-abiding driving course) is too uncomfortable and unfair.

2. The judgment of the blood alcohol concentration is very high, the defendant has the same criminal records and two times, and the accident occurred due to the negligence of the defendant who has invaded the central line is disadvantageous.

On the other hand, the fact that the defendant recognized his mistake, all victims did not want punishment for the defendant, and one time of the defendant's same criminal records in the year 2000 is the previous criminal records of about 18 years from the date of the occurrence of the crime of this case.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, it is not recognized that the lower court’s punishment is too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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