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(영문) 대구지방법원 2017.04.20 2016노4220
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (6 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The level of criticism is large in that the Defendant, while driving a motor vehicle while driving the motor vehicle at the altitude of 0.158% alcohol in blood, causes a traffic accident to the victim.

However, in full view of all the sentencing conditions indicated in the record, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is too unfeasible and unreasonable, in light of the following: (a) the Defendant committed a crime; (b) the victim’s injury is relatively minor; (c) the vehicle is covered by a comprehensive motor vehicle insurance; and (d) the Defendant has no power to be punished for driving a motor vehicle; and (c) the Defendant has no other force

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

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