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(영문) 대구지방법원 2017.06.20 2017노257
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in six months of imprisonment) is too unfluent and unfair.

2. Despite the fact that the Defendant was punished for driving under drinking, there is a great degree of criticism in that it causes a traffic accident resulting in a traffic accident due to a signal violation while driving a motor vehicle in the state of drinking alcohol concentration of 0.228% while driving a motor vehicle while driving a motor vehicle at the same time, and has not yet been punished by the damaged person.

However, in full view of all the sentencing conditions shown in the records and arguments, including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the sentence of the lower court is too unfeasible and it is not recognized as unfair, even if it is too unfasible, in light of the following: (a) the degree of injury suffered by the victim is relatively minor; (b) the vehicle is covered by the automobile comprehensive insurance; (c) the Defendant has no criminal record other than once a fine is imposed on the Defendant; and

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

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