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(영문) 부산고등법원 (창원) 2013.06.21 2012노367
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court to the summary of the grounds for appeal (three years of suspended execution for October, and one hundred and twenty hours of community service) shall be too unhued and unreasonable;

2. The Defendant, while driving the instant accident while under the influence of alcohol level of 0.246%, was under the influence of alcohol level of 0.246% and caused injury to the victim D while driving the instant accident. The Defendant, upon receiving a report on the instant accident, was found to have an unfavorable sentencing factor, such as the fact that the relevant crime was extremely poor due to obstructing the police officer I and J’s legitimate performance of official duties; the instant crime was committed; the instant crime was committed in violation of the Road Traffic Act; the Act on Special Cases Concerning the Settlement of Traffic Accidents; the Act on Special Cases Concerning the Punishment, etc. of Specific Crimes

However, it is also recognized that the defendant's drinking driving and causing the accident of this case and caused the injury to the victim D, and there is no previous crime of obstruction of performance of official duties, and the defendant is receiving treatment by suffering from the upper eye in the right eye of the accident of this case, the degree of injury to the victim D is not heavy, and the vehicle operated by the defendant is expected to recover damage to the victim D because it is covered by the comprehensive motor vehicle insurance, and support his father.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, the motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances revealed in pleadings, such as the circumstances after the commission of the crime, the sentence sentenced by the first instance court is deemed appropriate, and it is too unreasonable.

Therefore, prosecutor's assertion is without merit.

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

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