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(영문) 울산지방법원 2019.02.14 2018노1021
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment and three years of suspended execution) imposed by the court below on the defendant is too unhutiled and unfair.

2. As to the grounds of appeal, each of the instant crimes committed by the Defendant is an unfavorable circumstance against the Defendant, such as: (a) the Defendant driving of a vehicle without a driver’s license while under the influence of alcohol 0.216% in a state of normal driving without a driver’s license; (b) driving the vehicle while driving the vehicle under the influence of alcohol 0.216% in a state of normal driving; (c) having followed the vehicle driven by the victim F while taking the vehicle behind the vehicle driven by the victim F; and (d) having inflicted an injury upon the said victims in need of medical treatment for two weeks; (c) the Defendant’s blood alcohol concentration is very high; and (d) the Defendant’s blood alcohol concentration is high; and (e) the Defendant committed each of the instant crimes again despite the criminal records of driving without a driver’s license.

However, considering all other circumstances, such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, its means and consequence, the degree of injury suffered by the victims of the instant accident seems to be excessive, and the Defendant appears to have been punished for drinking driving around 2015, but the criminal records of two-time driving and one-time driver’s licenseless driving were 14 years prior to the occurrence of about 14 years, the Defendant supported his parents who were sick, and his intent to improve character and behavior, such as alcohol addiction treatment, etc., the Defendant’s age, character and behavior, environment, motive and circumstance leading to the instant crime, its means and consequence, etc., it is not unreasonable to deem 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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