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(영문) 서울서부지방법원 2016.12.22 2016노1335
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the fine of 5.5 million won) is too unfied and unreasonable.

2. Determination as follows: The blood alcohol concentration at the time of the Defendant’s driving is higher than 0.104% and the Defendant is driving under the influence of alcohol.

Although the nature of the instant crime, such as inflicting injury on many victims of the instant accident, it is not good to commit the instant crime, the sentence of the lower court is deemed appropriate in full view of all the conditions indicated in the arguments and records, including the following: (a) the confession and mistake of the Defendant; (b) the first offender; (c) the degree of injury to the victims; (d) the victim D, F, and J; (c) the victim’s deposit of KRW 1 million for the victim H; (d) the Defendant’s vehicle is covered by a comprehensive motor vehicle insurance; and (e) the Defendant’s age, career, character and conduct; (e) the background leading to the instant crime; and (e) the circumstances after the commission of the crime.

The prosecutor's assertion of unfair sentencing is without merit.

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

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