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(영문) 서울북부지방법원 2017.08.10 2017노903
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence (7 million won in penalty) imposed by the court below on the defendant is too unfasible.

2. In light of the circumstances favorable to the Defendant, such as the fact that the Defendant was driving while driving a motor vehicle while driving the motor vehicle in full condition, the occurrence of a traffic accident and the failure to reach an agreement with the victims, however, considering the motive and background leading up to the instant crime, the means and method of the crime, the circumstances before and after the commission of the crime, the Defendant’s age, sexual conduct, environment, occupation, family relationship, etc., as well as various other circumstances, including the circumstances favorable to the Defendant, such as the fact that the Defendant was a primary offender and the vehicle driving the motor vehicle is covered by comprehensive insurance, it cannot be said that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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