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(영문) 부산지방법원 2015.04.03 2014노4617
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of suspended sentence for six months of imprisonment, forty hours of the compliance driving lecture, and 120 hours of community service order) is too uneasible.

2. The crime of this case is acknowledged in light of the fact that the defendant had been sentenced to a fine due to three times or driving under the influence of alcohol before, and that the defendant was unable to obtain an agreement with the victim on the above damage in light of the blood alcohol concentration and the frequency of the crime, etc. that caused the injury by shocking the victim on the road by driving otoba in the state of 0.28% of the blood alcohol concentration in the time, and that the crime of this case was poor in terms of the degree of blood alcohol concentration and the frequency of crimes.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects his mistake; (b) the degree of injury to the victim of the instant traffic accident cannot be deemed to be serious; (c) the Defendant has no record of criminal punishment heavier than imprisonment (including suspension of execution) in addition to a fine; (d) the Defendant has a family member to support the Defendant without sufficient financial situation; and (e) other circumstances, such as the Defendant’s environment, family relationship; (e) the background leading to the instant crime; and (e) the circumstances before and after the instant crime, etc., giving rise to the sentencing conditions indicated in the record, are deemed unreasonable

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

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