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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2018.10.12 2018노4895
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. The judgment of the court below is an unfavorable circumstance to the defendant, such as the fact that the defendant was driving under the influence of alcohol that the victim was injured by the victim of the traffic accident while driving the motor vehicle at a difficult level, and that there was no agreement with the victims, and that there was a history of punishment for a single fine due to driving under the influence of alcohol.

On the other hand, the circumstances favorable to the defendant include the fact that the defendant recognized his mistake, the degree of injury of the victims is relatively heavy, the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, and the defendant has no specific penalty power other than the above fine.

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances before and after committing a crime, it is difficult to view that the lower court’s punishment is too uneasible and unfair

Therefore, the prosecutor's above assertion 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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