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(영문) 서울중앙지방법원 2017.04.27 2017노97
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

For the following reasons, the lower court sentenced the Defendant to a fine of KRW 10 million.

The defendant has a driving force once, but the degree of traffic accident or the degree of injury suffered by the victims is serious.

The view was made.

Defendant

The driver's vehicle can compensate for damages due to the purchase of a comprehensive motor vehicle insurance, taking into account the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime.

In light of the gist of the prosecutor’s improper assertion of sentencing, the sentence of the court below is too weak if the defendant takes into account that he/she caused an accident in the state of 0.113% alcohol concentration in blood and caused the injury to four victims, and that it is not agreed with the victims.

In 2011, the Defendant had a record of being punished for a fine of KRW 1.5 million due to driving under alcohol with a alcohol level of 0.072% during blood in 201, and there is no other criminal record.

Taking into account the circumstances asserted by the prosecutor, the lower court’s sentencing is determined within the scope of the sentencing discretion by taking into account the following factors: (a) the Defendant’s driver’s vehicle is covered by a comprehensive motor vehicle insurance; (b) the victim’s injury is not serious; and (c) the Defendant’s age, sex, and circumstances after the commission of the crime; and (d) it cannot be deemed unfair because it is too low.

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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