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(영문) 수원지방법원 2017.10.20 2017노3343
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment, three years of suspended execution, 120 hours of community service order, and 40 hours of lecture for compliance driving) is too uneasible and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined a sentence against each Defendant by taking into account (i) the following factors: (a) the Defendant was at a disadvantage to the Defendant; (b) the Defendant caused a traffic accident by driving under the influence of drinking; (c) the Defendant had been subject to punishment for driving under drinking; (d) the Defendant suffered damages to a large number of victims; (b) the blood alcohol concentration level is considerably high; (c) the Defendant is against good condition; (d) there is no history exceeding a fine; (e) the victims and the victims have agreed smoothly with each other; and (e) the Defendant’s vehicle is covered by the comprehensive vehicle insurance policy.

In addition to the above sentencing conditions, even if comprehensive consideration of the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, as well as the above sentencing conditions, the sentencing of the court below seems to have been conducted within the reasonable scope of the discretion, and there is no change in special circumstances that may be assessed differently from the sentencing conditions of the court below up to the trial. Thus, it is difficult to view that the sentence of the court below is unfair because it is too unfford.

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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