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(영문) 대전지방법원 2016.12.15 2016노2482
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant (one year of imprisonment, one year of suspended execution, 40 hours of order to attend a law-abiding lecture, 80 hours of community service order) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uneasible and unreasonable.

2. The fact that the Defendant agreed with the victims, etc. is driving under the influence of alcohol level of 0.136% in favor of the Defendant, but causing the instant traffic accident and causing injury to the victims, etc. In addition, considering the Defendant’s environment, motive, means and consequence of the crime, and various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the crime, the lower court’s punishment is deemed too heavy or unreasonable, and thus, the Defendant and the prosecutor’s allegation of unfair sentencing is without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, ex officio, the judgment of the court below shall be corrected to add "1. Selection of punishment" and "each imprisonment choice" to the next sentence between the 7th and the 8th sentence.

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