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(영문) 전주지방법원 2016.11.18 2016노1237
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months and two years of suspended execution) of the lower court is deemed to be too uneasy and unfair.

2. The judgment of the court below is that the crime of this case was committed by the defendant while driving a drinking alcohol and causing a traffic accident to inflict injury upon the victims requiring approximately two weeks of medical treatment, and that the crime of this case is not weak, and the defendant previously has the record of criminal punishment three times for the same crime, and that the blood alcohol concentration level at the time of detection was very high to 0.153%, and that the drinking driving is a crime that may cause serious danger to the life and property of another person, and thus, it is necessary to punish the defendant strictly.

On the other hand, the fact that the defendant recognized the crime of this case and reflects the mistake, the degree of injury suffered by the victims of the traffic accident of this case is relatively minor, and the vehicle of the defendant is covered by the automobile comprehensive insurance, and the victims do not want the punishment of the defendant in the original judgment.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

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

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