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(영문) 수원지방법원 2016.09.30 2016노1848
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (two years of suspended execution in the month of imprisonment for eight months, eight hours of community service order, and forty hours of order to attend a lecture) is too unhued and unreasonable.

2. In light of the following: (a) the Defendant, while driving a bus with at least 3-cc a week in a state of paralysis, was injured by the bus driver and children on board the bus; (b) the nature of the crime is bad; (c) the Defendant had been subject to criminal punishment twice prior to the instant crime; and (d) the Defendant did not reach an agreement with the victims until the time of the instant crime; and (c) the Defendant requires a corresponding punishment.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and is against the victim; (b) the victim’s injury does not seem to be serious; (c) the Defendant was punished in excess of the fine; (d) the Defendant’s vehicle is covered by the comprehensive automobile insurance; and (e) the Defendant’s age, sex, environment, family relationship; and (e) other circumstances that form the conditions for the sentencing specified in the instant case, such as the Defendant’s age, sex, family relationship; and (e) the Defendant’s punishment is deemed unfair, and thus, the Prosecutor’s

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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