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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2017.12.22 2017노4200
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment, two years of suspended execution) is too unfased and unfair.

2. The judgment of the defendant causes the instant traffic accident that causes the injury to the injured person by negligence by the central line in a situation where normal driving is difficult due to influence of drinking although he/she has a history of punishment twice due to drinking, and the degree of injury to the injured person is significant;

It appears that there is no agreement with the victim, and it is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized all the facts charged of this case, there is no history of punishment exceeding fines, the fact that the defendant's vehicle is covered by the comprehensive motor vehicle insurance, and the victim's negligence also caused the expansion of damage caused by the accident of this case.

The fact that it appears is favorable to the defendant.

In addition, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., comprehensively taking into account the following factors: (a) the lower court’s punishment is deemed unreasonable as it is fluent and unreasonable, given that there is no change in circumstances that may be assessed differently from the sentencing conditions of the lower court

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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