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(영문) 수원지방법원 2017.10.25 2017노3601
특정범죄가중처벌등에관한법률위반(도주치사)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 (three years of imprisonment) is too unreasonable.

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

2. The judgment driving is an offense that may inflict a great harm on an unspecified person, and thus, is highly dangerous, and the Defendant, in 2013, once taking into account the fact that the driving of drinking alcohol again without taking any measures to cause a traffic accident even though he/she had a history of driving alcohol at around 2013, and the occurrence of a serious consequence that makes it impossible to observe the victim’s death, it is necessary to strictly punish the Defendant.

However, in full view of the following factors: (a) the Defendant’s mistake was divided by the Defendant; (b) the Defendant did not have any previous conviction or heavier punishment; (c) the Defendant deposited a certain amount for the victim’s side; and (d) the Defendant’s age, sex and environment; (b) motive, means and consequence of the crime; and (c) other various sentencing conditions specified in the instant pleadings, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (d) the Defendant and the Prosecutor’s assertion are unreasonable because it is too heavy or unb

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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