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(영문) 의정부지방법원 2015.06.19 2014노3040
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable since the sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended execution, and 80 hours of an order to attend a compliance driving lecture) is too unfford.

2. In light of the content and method of the crime, the crime of this case committed by the Defendant is found to be disadvantageous to the Defendant, such as the following: (a) the nature of the crime is not weak in light of the content and method of the crime; (b) the victim’s agreement or the complete recovery of damage appears not to have been made; and (c) the fact that the Defendant

However, it is hard to say that the defendant made a statement that he would not repeat the crime of this case again when he made a confession of the crime of this case and reflects his depth of the mistake, that the degree of injury of the victims is not severe, that the defendant's accident is covered by liability insurance and discretionary insurance, that a certain degree of compensation is expected to have been processed to the victims, that he has lived in good faith with the victim without any specific punishment power after 2009, that the economic situation is not sufficiently sufficient, that the court below determined the punishment within the range of the recommended sentencing guidelines set by the sentencing guidelines, and there are no other circumstances that the court below seems to have determined the punishment within the range of the recommended sentencing guidelines, considering the various circumstances of the defendant, such as the defendant's age, character, character, intelligence and environment, motive, means and consequence of the crime of this case, the result, circumstances after the crime, family relation, family relation, health conditions, etc., which are the conditions of the punishment of this case, the court below's assertion that the defendant's judgment is unreasonable and unreasonable.

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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