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(영문) 서울중앙지방법원 2017.04.27 2016노5200
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

The lower court sentenced a fine of eight million won for the following reasons.

The crime of this case is a serious crime that causes a traffic accident due to the influence of the driving of drinking, resulting in the victim's injury.

However, it is true that the defendant should not repeat a crime against himself/herself, even though he/she has a lot of past convictions and has a longer repeated period, there is no previous convictions related to driving, such as drinking, etc., after the closure of pleadings, the fact that the defendant has agreed with the victim smoothly after the closure of pleadings, and all other circumstances, such as the age, sex, environment, etc. of the defendant

In light of the gist of the prosecutor's unfair argument of sentencing, it is an offense during the period of repeated crime, collision between the victim's vehicle that was driven in the opposite direction while driving alcohol and causing traffic accidents, the blood alcohol concentration level is relatively high as 0.113%, and the necessity of strict punishment against the drinking driver, etc., the sentence of the court below is too weak.

Although the defendant has been punished several times due to fraud, etc., he/she has no record of being punished as a traffic crime such as drinking driving, etc.

The court below seems to have judged sentencing, including the circumstances asserted by the prosecutor.

The lower court’s sentencing is determined within the scope of the sentencing discretion by taking into account various factors such as the Defendant’s age, sex, and circumstances after the crime, etc., and is adequate and unreasonable, as it is too small, in light of the following: (a) the circumstances under paragraph (1) and the fact that the Defendant’s driver’s vehicle is covered by a comprehensive insurance (Evidence No. 32 pages); (b) the victim’s injury is a light base that requires approximately two weeks of treatment (Evidence No. 333 of the evidence record); and (c) other factors such as the Defendant’s age, sexual behavior

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

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