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(영문) 서울중앙지방법원 2017.06.15 2016노5247
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) that the court below rendered is too unfasible and unfair.

Judgment

Along with 0.152% of the Defendant’s driving under the influence of alcohol, resulting in a fluorial drilling accident with a fluorial vehicle and a fluorial drilling accident, which requires approximately two weeks of treatment to three victims, and the Defendant suffered approximately three weeks of treatment to two victims respectively.

However, in full view of the following factors: (a) the victim’s injury is relatively heavy; (b) the Defendant’s driver’s vehicle is subscribed to a comprehensive motor vehicle insurance (Evidence No. 52 pages); (c) there is no criminal conviction for the Defendant; and (d) the Defendant was punished by a fine of KRW 300,000 for a two-year crime in 2015; and (e) other factors of sentencing, including the Defendant’s age, sex, environment, and circumstances after the crime, the lower court’s punishment cannot be deemed unfair because the

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

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