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(영문) 대구지방법원 2014.03.27 2013노3102
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of KRW 10 million) declared by the lower court is too unhued and unreasonable.

2. The Defendant committed the instant crime during the period of suspension of execution, even though he/she had been punished several times for the same crime.

At the time of the instant crime, the Defendant’s blood alcohol concentration was higher than 0.142% and caused a traffic accident.

However, the recent years of drinking driving by the defendant was punished by a fine twice in 2009 and 2010, and the suspension of execution is not the same crime.

The degree of injury of the victims of the instant case is relatively weak, and the victims do not want punishment for the Defendant in consultation with the victims, in addition to the vehicles of the Defendant are covered by comprehensive insurance.

In addition, in full view of the circumstances after the instant crime, the character and conduct of the Defendant, the environment, etc., as well as the various circumstances that form the conditions for sentencing as shown in the records and arguments, it cannot be said that the sentence imposed by the lower court is too uneasible

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

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