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(영문) 대전지방법원 2014.12.17 2014노2249
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a term of one year, two years of suspended execution, community service, and 40 hours of order to attend a lecture) of the court below against the defendant is deemed unreasonable.

2. The nature of the crime is that it is highly likely to inflict harm on the life and body of another person as well as his/her own act of driving under the influence of judgment.

It can be said that this case is an unfavorable circumstance such as the Defendant's blood alcohol content at the time of the instant case reaches 0.188%, where the Defendant suffered injury to three victims of an accident while driving in a drunken state, and the quality of the offense is not good. The criminal punishment records of fines due to the violation of the Road Traffic Act (driving) are two times and relatively recent criminal records, and the Defendant's blood alcohol content at the time of the instant case reaches 0.18%.

However, considering the favorable circumstances, such as the fact that the defendant led to the confession of each of the crimes in this case and reflects his mistake, the vehicle driving of the defendant subscribed to a comprehensive insurance, and thus partial recovery was made through which the defendant paid a separate agreement at the court below, and that the victim did not want the punishment for the defendant. The defendant did not have any record of criminal punishment except for the two-time fine before the victim, due to the father suffering from the disability that the defendant suffered from the paralysis disorder, which led to the difficult environment as a juvenile head, and the economic situation is not good, and the defendant is living in good faith without re-offending, and the court below seems to have decided a sentence by fully considering the above unfavorable circumstances, and all of the sentencing conditions and sentencing guidelines of the sentencing guidelines of the sentencing guidelines committee, such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., it is unreasonable for the prosecutor of the court below.

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