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(영문) 수원지방법원 2017.05.24 2016노7794
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of suspended sentence for one year, protection observation, community service 120 hours, and 40 hours of lectures to treat alcohol addiction) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Considering the fact that the accused has a criminal record of the same kind, and that a number of victims have occurred relatively due to the instant traffic accident based on drinking driving, strict punishment against the accused is required.

However, comprehensively taking account of the following factors: (a) the Defendant led to a confession of all crimes and reflects his mistake; (b) the victims have agreed with each other; and (c) the Defendant’s age, sex and environment; (d) motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (e) the sentence imposed by the Defendant is too heavy or unreasonable, and thus, the aforementioned argument by the Defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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