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(영문) 서울중앙지방법원 2017.05.25 2016노4911
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (6 million won in penalty) is too unhued and unfair.

Judgment

In that the defendant driving in a state of alcohol level of 0.148% in blood and suffered an injury in need of medical treatment for about two weeks for each of three victims, the quality of the crime is not weak.

However, in full view of the following factors: (a) the Defendant was a primary offender and reflects his mistake; (b) the degree of injury of the victims is relatively minor; (c) the Defendant agreed with the victim at the investigation stage; and (d) the Defendant’s driver’s vehicle is covered by the comprehensive motor vehicle insurance (Evidence No. 24, 31-34 of the evidence record); and other various sentencing conditions, including the Defendant’s age, sexual conduct, environment, and circumstances after the commission of the crime, the lower court’s punishment is determined within the scope of the sentencing discretion; and (e) it cannot be deemed unfair as it too un

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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