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(영문) 수원지방법원 2017.12.06 2017노6168
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of suspended sentence for six months of imprisonment, one year of surveillance of protection, and forty hours of instruction of compliance driving) on the gist of the grounds of appeal is deemed unreasonable.

2. The driving of judgment is a crime that may inflict a great harm on unspecified persons and is highly dangerous in society. In particular, in the case of this case, it is necessary to strictly punish corresponding to the above, taking into account the fact that the risk is concrete.

However, in full view of the following: (a) the Defendant’s mistake is divided; (b) there is no particular criminal history except for the Defendant’s one-time suspension of indictment; (c) the vehicle driven by the Defendant is covered by an automobile comprehensive insurance; and (d) the lower court orders the observation of protection and the strength of compliance driving force along with the suspension of the execution of imprisonment; and (c) other various sentencing conditions specified in the instant argument, such as the Defendant’s age, sex and environment; (d) motive, means and consequence of the commission of the crime; and (e) other sentencing conditions specified in the instant argument, such as the circumstances after the commission of the crime, the lower

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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