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(영문) 서울북부지방법원 2017.09.21 2017노1255
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal is unfair because the sentence imposed on the accused (ten months of imprisonment, two years of suspended execution, forty hours of compliance driving lectures, 80 hours of community service) is too uneased.

Judgment

Although there was a significant increase in the alcohol content of the Defendant’s blood at the time of the instant case, there was an unfavorable condition against the Defendant, such as the fact that the Defendant had no record of criminal punishment so far, in light of the motive and background leading up to the instant crime, the means and method of the crime, the circumstances before and after the instant crime, the Defendant’s age, sexual conduct, occupation, family relationship, etc., and other various circumstances, such as the Defendant’s age, sex, occupation, family relation, etc., the sentence imposed by the lower court cannot be deemed to be unfair because it is too uneasible.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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