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(영문) 춘천지방법원 강릉지원 2017.08.31 2017노161
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The sentence of the lower court (an amount of KRW 20 million) is too unreasonable.

B. Prosecutor: The lower court’s sentence is too unhued and unreasonable.

2. In determining whether the Defendant committed the instant crime without being aware of the fact that the Defendant had already been punished four times due to driving of alcohol, refusal to measure drinking, or non-licensed driving.

On the other hand, the fact that the defendant repents his mistake in depth, that the victims do not want the punishment of the defendant, and that there is no record of punishment exceeding the fine is favorable.

It is difficult to view that the lower court’s punishment is too heavy or unreasonable, taking into account such circumstances and other factors as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, and the various sentencing conditions shown in the instant pleadings, including the circumstances after the crime was committed.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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