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(영문) 서울중앙지방법원 2016.12.15 2016노3098
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for not less than eight months, two years of suspended sentence, 80 hours of community service order, and 40 hours of order to attend a compliance driving lecture) of the court below is too uneasible and unreasonable.

2. The judgment of the court below cannot be said to have any special change in circumstances that could change the sentence imposed by the court below in addition to the circumstances unfavorable to the defendant (the fact that the defendant had the history of criminal punishment for running a motor vehicle while driving a motor vehicle while causing the instant traffic accident, the blood alcohol concentration of a drinking driving is high to 0.28%, the possibility of causing another victim due to repeated drinking driving, and the possibility of causing another victim cannot be ruled out) and favorable circumstances (the fact that there is no history of punishment heavier than imprisonment due to the same type of crime, the violation of the crime, and the purchase of an automobile comprehensive insurance). In full view of other circumstances indicated in the records, such as the defendant's age, character, conduct, family relationship, and circumstances after the crime, the sentence imposed by the court below cannot be deemed unfair.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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