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(영문) 대구지방법원 2014.07.17 2014노412
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of seven million won) declared by the lower court is too unhued and unreasonable.

2. On November 30, 2012, the Defendant had been punished several times due to drunk driving, and was sentenced to a suspended sentence for six months at the Daegu District Court for a violation of the Road Traffic Act, and again committed the instant crime during the suspended sentence period.

At the time of the accident of this case, the blood alcohol concentration of the defendant was 0.169% higher.

However, the defendant's mistake is divided in depth and does not repeat the crime such as disposing of the vehicle.

The degree of damage is relatively weak due to the damage of the base base and tension in need of medical treatment for about two weeks, and the vehicles of the defendant are covered by comprehensive insurance.

In addition, in full view of the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, health conditions, and all the sentencing conditions as shown in the pleadings, it cannot be said that the sentence imposed by the lower court is too uneasible and unreasonable.

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

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