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(영문) 의정부지방법원 2019.10.31 2019노2186
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing (the original court shall be punished by imprisonment with prison labor for up to eight months and by a suspended sentence of two years);

2. The Defendant caused a traffic accident while driving a vehicle under the influence of 0.183% alcohol concentration. As a result, the Defendant sustained injury that requires two weeks’ medical treatment to the passengers aboard the damaged vehicle.

However, in full view of the favorable circumstances, such as the fact that the defendant recognized the crime of this case and reflected the mistake, that the victim does not want the punishment against the defendant, that the victim does not want the punishment against the defendant, that there is no history of criminal punishment, that there is a family member to support the defendant, and other various circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., the court below's punishment is judged to be appropriate, and it cannot be deemed unfair because it is too unreasonable.

Therefore, the prosecutor does not accept the prosecutor's allegation of unfair sentencing.

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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