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(영문) 광주지방법원 2014.10.08 2014노481
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (two years of suspended execution in one year and six months of imprisonment, probation, and 40 hours of attending the law-abiding driving course) is too unhued and unreasonable.

Judgment

In around 199, the Defendant had a record of being punished for suspension of execution due to an escape from a traffic accident after the traffic accident, the blood alcohol content is high to 0.217%, and the Defendant was a non-Contact accident, but the Defendant neglected to perform his duty of care and tried to turn to the left and right to the left, and the Defendant’s negligence was the direct cause of the accident. The Defendant’s negligence of the victim caused the accident, which led to the accident, was the direct cause of the accident. It is disadvantageous that the victim suffered a serious injury due to the instant accident, which requires at least 6 months’ medical treatment.

In full view of the following factors: (a) the Defendant recognized his mistake; (b) the Defendant deposited KRW 10 million for the victim; and (c) the Defendant additionally paid KRW 11 million to this court; and (d) the agreement with the victim is favorable; and (c) other factors of sentencing specified in the instant pleadings, including the background of the instant crime; (b) the circumstances after the commission of the crime; (c) the Defendant’s age, character and conduct; and (d) other factors of sentencing specified in the instant argument, the Prosecutor’s assertion is without merit

Therefore, 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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