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(영문) 의정부지방법원 2019.07.18 2018노3083
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing (the original court shall be punished by imprisonment with prison labor for up to eight months and by a suspended sentence of two years);

2. The judgment of the Defendant caused a traffic accident while driving a vehicle under the influence of 0.182% of alcohol content, and thereby, the Defendant suffered an injury that was not lightly to three persons on board the damaged vehicle.

However, in full view of the favorable circumstances such as the defendant's recognition of the crime of this case and reflects the mistake, the victims do not want punishment against the defendant, the family members to support the defendant, and the fact that many of the family members of the defendant and many people want to support the defendant, and other circumstances that form the conditions for sentencing specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the court below's punishment is judged to be appropriate, and it is not unreasonable because it is too uneasible.

Therefore, the prosecutor does not accept the prosecutor's allegation of unfair sentencing.

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

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