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(영문) 서울중앙지방법원 2016.12.22 2016노3394
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of nine million won) imposed by the lower court on the Defendant is too unfased and unreasonable.

2. The judgment of the defendant is under a unfavorable condition to the defendant, such as the fact that the defendant driving a vehicle while driving the vehicle under the influence of 0.210% of blood alcohol concentration and causing bodily injury to two victims, etc. However, the defendant's all of the crimes are recognized and reflected, the degree of injury to the victims is not severe, the defendant's insurance company and victims are covered by comprehensive insurance, and the defendant's agreement was reached between the insurance company and the victims, the defendant has no record of criminal punishment, and other various circumstances, including the defendant's age, environment, character and conduct, motive for the crime, and circumstances before and after the crime, etc., the defendant's punishment imposed by the court below cannot be deemed unfair. Thus, the prosecutor's assertion is not acceptable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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