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(영문) 광주지방법원 2017.11.21 2016노4986
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is too unfilled and unreasonable.

2. The judgment of the Defendant is that the Defendant caused a traffic accident while driving while driving, resulting in personal injury, and has three times of punishment for the same crime.

However, the injury inflicted on the victim by the defendant is relatively minor and there is no record of punishment exceeding the fine for the same kind of crime.

In addition, considering the various circumstances, such as the defendant's age, sex, environment, motive, method, and consequence of the crime, which are shown in records and pleadings, the sentence of the court below is not recognized to have reached the degree of unfairness because it is too unfasible and unfair.

Therefore, prosecutor's assertion is not accepted.

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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