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(영문) 수원지방법원 2017.05.12 2016노6737
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of probation, observation of protection, community service order 40 hours, and 40 hours of lecture for alcohol addiction treatment in the period of eight months of imprisonment) imposed by the lower court is deemed to be too uneasy and unreasonable.

2. The offense of the defendant's injury to a large number of victims due to a traffic accident that may be caused by drinking, etc. shall not be minor;

However, considering the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, there is no record of being punished in excess of a fine for the same kind of crime, the fact that the automobile comprehensive insurance is subscribed to in the vehicle involved in the accident, the victims do not want the punishment of the defendant, and other various sentencing conditions in the instant case, such as the defendant's age, sex, environment, motive for the crime, and circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable.

Therefore, the prosecutor's above 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, since the prosecutor's appeal is without merit.

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