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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 청주지방법원 2014.11.07 2014노680
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The defendant's judgment on the grounds for appeal (e.g., unjust assertion) has been punished several times as a crime of violation of the Road Traffic Act, and the crime of this case is a case where the defendant, while driving a cargo under the influence of alcohol 0.201% of the blood alcohol concentration, caused an accident that shocks the motor vehicle normally driven along the lane and driven along the lane, and the crime of this case is not less complicated in light of the degree of traffic accident and its danger, and the degree of negligence of the defendant on the occurrence of the traffic accident, etc., and the degree of injury suffered by the victims of the traffic accident of this case is disadvantageous to the defendant.

However, in light of various sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, family relation, means and consequence of the crime, etc., the lower court’s imprisonment (ten months of imprisonment, two years of probation, 160 hours of community service, 40 hours of compliance driving, and 40 hours of the compliance driving instruction) too far, and thus, cannot be deemed unfair in light of the following circumstances, considering the following: (a) the Defendant’s recognition of the instant crime; (b) the vehicle driven by the Defendant was subscribed to a comprehensive motor vehicle insurance; (c) the victims and the victims do not want punishment; and (d) the lower court sentenced the Defendant for ten months of imprisonment and two years of probation; and (e) there are no new circumstances to increase the number of hours of community service and 40 hours of compliance driving instruction.

2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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