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(영문) 광주지방법원 2017.09.07 2016노5176
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (eight million won in penalty) is too unhued and unreasonable.

2. The fact that the Defendant’s blood alcohol level is high, and that the degree of injury to the victim is not less than that of the victim is disadvantageous to the Defendant.

However, considering the fact that the defendant has no history of being punished for traffic-related crimes, that the defendant's vehicle is covered by the comprehensive motor vehicle insurance, that the defendant's mistake is recognized and reflects his/her fault, and that other circumstances specified in the arguments of this case, such as the defendant's age, sex, environment, and circumstances after the crime, it is not recognized that the court below'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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