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(영문) 청주지방법원 2019.09.05 2019노154
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in light of the fact that the defendant, who was punished for the violation of the Road Traffic Act due to the drinking driving as in this case, was under the influence of alcohol 0.152% and caused the death of the victim by causing an accident while driving under the influence of alcohol, and that a social consensus has been formed on the need for severe punishment for the drinking driving, etc., the sentence of the court below (two years of imprisonment, four years of suspended execution, four years of community service, 160 hours of law enforcement, 40 hours of law enforcement course) is too uneased and unfair.

2. The court below determined the above punishment against the defendant on the grounds as stated in its reasoning. The circumstances alleged by the prosecutor as a reason for sentencing unfavorable to the court below are deemed to have been sufficiently taken into account when determining the punishment in the court below. In light of the circumstances alleged by the prosecutor as a reason for sentencing unfavorable to the court below, the defendant appears to have committed the crime in this case in a net order, and the defendant showed an attitude against the victim's bereaved family members, the defendant's vehicle was covered by comprehensive automobile insurance, and the victim was aware of the defendant's state of taking advantage of the defendant's state of taking advantage of the fact that the vehicle was covered by comprehensive automobile insurance, and the victim is responsible for a certain portion of the accident caused by taking advantage of the defendant's state of taking advantage of

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

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