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(영문) 광주지방법원 2017.09.07 2016노5087
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended sentence for one year of imprisonment, forty hours of lectures for compliance driving, and one hundred and sixty hours of community service) is deemed to be too uneasy and unreasonable.

2. The judgment is an unfavorable circumstance to the defendant that the defendant had a record of being punished for driving alcohol, that there is a high drinking value of the defendant, that many victims are the victims, and that some of the victims are not less vulnerable to those of the victims.

However, in light of the fact that the Defendant has no record of crime, other than once a fine, the Defendant’s vehicle is covered by a comprehensive motor vehicle insurance, and that the Defendant agreed to the entire victims and smoothly, that the Defendant recognized his/her mistake, that the Defendant is against himself/herself, and that other circumstances revealed in the argument in the instant case are equally considered, the lower court’s punishment is too uneasible and unfair, and thus, the Prosecutor’s assertion is rejected.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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