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(영문) 부산지방법원 2017.03.21 2016노3845
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 (five million won in penalty) is too unhued and unreasonable.

2. The Defendant’s crime of this case, based on the following facts: (a) while under the influence of alcohol 0.134% during blood, driving a vehicle while under the influence of alcohol and causing two weeks injury to the victim; (b) in light of the substance of the crime, the nature of the crime is not good; and (c) the fact that the agreement with the victim was not reached, is found to be disadvantageous to

However, it is reasonable to respect the defendant's confession of the crime of this case and reflects his mistake in depth; the defendant has no record of being punished as a crime of violation of the Road Traffic Act (dacting driving) before this time; the Korean Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, has its unique area of deliberation; the sentencing determination has no change in the sentencing conditions compared with the first instance court; and the sentencing of the first instance does not exceed the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the defendant recognized earlier do not constitute a change in circumstances that could change the sentence of the lower court after the decision of the lower court was rendered, and do not seem to be unfair by taking into account all all the circumstances, which form the conditions for sentencing as specified in the records and the theory of changes, such as the defendant's age, character, and environment.

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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