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(영문) 전주지방법원 2016.10.14 2016노984
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution) of the lower court is deemed to be too uneasy and unfair.

2. The crime of this case is a situation unfavorable to the Defendant, in which the Defendant committed a traffic accident while driving under the influence of alcohol and resulting in injury to the victim requiring medical treatment for about two weeks, and the nature of the crime was not weak, and the blood alcohol concentration level at the time of detection was relatively high to 0.11%, and the victim did not reach an agreement with the victim up to the trial, and driving under the influence of alcohol is a crime that may cause serious danger to the life and property of others, and thus, it is necessary to strictly punish the Defendant.

On the other hand, there is no record of criminal punishment or criminal punishment exceeding a fine prior to the Defendant, and the fact that the degree of injury suffered by the victim is relatively minor due to the instant traffic accident, etc. are favorable to the Defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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