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(영문) 수원지방법원 2017.05.31 2016노8818
특정범죄가중처벌등에관한법률위반(위험운전치상)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 sentence for eight months of imprisonment, and forty hours of lectures for compliance driving) is too uneasible and unfair.

2. In light of the fact that the defendant had been sentenced to a fine due to driving under drinking, but again caused an accident while driving under drinking, the defendant needs to be punished strictly.

However, in full view of the following: (a) the Defendant is in profoundly against the Defendant’s mistake; (b) there is no record of criminal punishment except for the aforementioned one-time criminal record; (c) the degree of injury to the victim is relatively minor; and (d) other various sentencing conditions specified in the instant argument, such as the background of the instant crime, the circumstances after the instant crime; and (c) the Defendant’s age, sexual behavior, and environment, the lower court’s punishment is too uneasible and

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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