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(영문) 춘천지방법원 강릉지원 2014.02.18 2013노574
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court’s sentencing (one hundred and twenty months of imprisonment, two years of suspended sentence, forty hours of attending the law-abiding class, and one hundred and twenty hours of community service) is deemed unreasonable.

However, there is a disadvantage to the defendant, including the fact that the defendant was sentenced to a suspended sentence of imprisonment on one occasion in 2007 for driving without the driver's license and the fact that the defendant was punished for driving without the driver's license and driving without the driver's license.

However, considering the following circumstances: (a) the degree of injury suffered by the victims is insignificant to approximately two weeks; (b) agreed with the victims; (c) the victims have no criminal records of suspended execution or more; (d) after 2008, there was no criminal record of a suspended execution or more; (c) the fact that the elderly is supporting the elderly alone; and (d) the Defendant’s age, character and conduct, motive, means and consequence of the crime; and (e) other circumstances that form the conditions for the sentencing specified in the instant case, such as the circumstances after the crime, etc., the sentencing of

Therefore, 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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