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(영문) 광주지방법원 2017.04.27 2016노1681
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in the month of imprisonment) is deemed to be too unhued and unfair.

2. Determination is that the defendant has already been punished for a traffic-related crime several times, that the defendant's drinking value is high, and that the degree of injury to the victim G is disadvantageous to the defendant.

However, considering the fact that the defendant's mistake is recognized and against himself, that the defendant agrees with the victim G, that the defendant deposited KRW 2 million for the victim I, and that other circumstances revealed in the arguments in this case, such as the defendant's age, sexual conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., the court below's punishment is too unfeasible and unfair, and thus, the prosecutor's assertion is rejected.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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