2016No1284 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act

A

Prosecutor

The Ministry of Justice shall file a prosecution, hold a seating capacity, and hold a public trial.

Gwangju District Court Decision 2016Kadan453 Decided April 21, 2016

January 31, 2017

The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

The sentence of the lower court (two years of suspended execution, community service, and lecture attendance order for eight months of imprisonment) is too unhued and unreasonable.

2. Determination

The defendant's blood alcohol concentration is very high, and it is recognized that three victims are victims due to accidents.

However, the Defendant is in profoundly against the crime, and two of the victims are on board a vehicle without drinking the Defendant who was unable to drive a vehicle normally due to the condition of being taken by the passengers of the vehicle with the driver of the vehicle. As such, the Defendant was responsible for the accident and the occurrence of the result thereof. The victim D who driven the other vehicle is not relatively more severe than the degree of injury due to the salt, satise, and satisfy in need of treatment for two weeks. Furthermore, the Defendant was punished for the same kind of crime in 2008, but there is a considerable interval between the Defendant and the instant crime. In full view of all the sentencing factors indicated in the instant case, such as the Defendant’s character and conduct, environment, motive and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court cannot be deemed to be the degree to reverse it by excessively f

3. Conclusion

Therefore, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Kim Young-sik

Judges Yu Byung-ho

Reinforcement of Judges