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(영문) 서울남부지방법원 2018.08.31 2018노376
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one hundred and sixty months of imprisonment, two years of suspended sentence, one hundred and sixty hours of community service order, and forty hours of lecture for compliance driving) is deemed to be too uneasy and unreasonable.

A fine shall be sentenced to the violation of the Road Traffic Act (unlicensed Driving) due to the driver's license for bicycle riding.

2. Even when considering the circumstances asserted by the prosecutor on the grounds of appeal, comprehensively taking account of the following factors: (a) the sentence imposed by the court below on the defendant is deemed appropriate, and is so unfair as to be too uneasible, in light of the following: (b) the defendant led to the confession of and reflect against his mistake; (c) the victim seems to have been aware of the driving of drinking by the defendant; and (d) the defendant has no criminal history other than once the same kind of fine, etc.; and (c) all the sentencing conditions

In addition, the court below sentenced a punishment for the violation of the Road Traffic Act (driving without a license) and the violation of the Road Traffic Act (driving without a license) under Articles 40 and 50 of the Criminal Act to the punishment for the violation of the Road Traffic Act (driving without a license) with heavy punishment under Articles 40 and 50 of the Criminal Act, and the punishment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving with a danger), the violation of the Road Traffic Act (driving with a danger), the violation of the Road Traffic Act (driving with a drinking), the violation of the Guarantee of Compensation for Motor Vehicles, and the violation of the Guarantee of Compensation

subsection (b) of this section.

Therefore, the prosecutor's assertion on this part is without merit.

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

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