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(영문) 창원지방법원 2017.11.30 2017노2182
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below's scope of the judgment in this case is dismissed as to the violation of traffic laws on roads due to damage among the facts charged in this case, and all of the remaining facts charged were pronounced guilty. Since the dismissal part which was not appealed by the prosecutor only as to the above guilty part is separate and finalized by the expiration of the appeal period, the court below's judgment is to be tried only for the guilty part among the judgment below.

2. The sentence imposed by the court below on the summary of the grounds for appeal (the imprisonment of eight months and the suspension of execution of two years) is too unhued and unreasonable.

3. In the instant crime, the Defendant’s driving of a vehicle under the influence of 0.157% alcohol level in blood, resulting in the destruction of two vehicles and causing heavy and small injuries to five victims, and the nature and circumstances of the instant crime are not that of the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized and reflected the instant crime; (b) all the aforementioned victims agreed with the Defendant; (c) the Defendant was the first offender who had no record of punishment prior to the instant case; (d) there was no special circumstance or change of circumstances to be newly considered in the trial; and (e) other circumstances that form the conditions for sentencing specified in the instant records and arguments, such as the Defendant’s age, environment, sex, motive for committing the instant crime; and (e) the circumstances before and after the instant crime, the lower court’s punishment cannot be deemed to be unfair because the Defendant’

4. 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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