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(영문) 전주지방법원 2016.10.07 2016노943
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a term of one year, two years of suspended execution, probation, etc.) of the lower court is deemed to be too uneasible and unfair.

2. The crime of this case is a situation unfavorable to the defendant, where the defendant driven a vehicle while under the influence of alcohol 0.236% of alcohol level, and her driver was injured by the central line and the victim was affected by an injury, such as the right slot and sprinking, which requires treatment for about two weeks, and the quality of the crime is not weak. The defendant had the record of criminal punishment twice due to drunk driving, and the blood alcohol level concentration of the defendant was extremely high to 0.236% at the time of detection.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, that the victim does not want the punishment of the defendant, and that he would not drive a motor vehicle again after the crime of this case, such as scrapping of the motor vehicle after the crime of this case, etc. is favorable to the defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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