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(영문) 대전지방법원 2015.04.09 2014노2341
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than one year and two months, and three years of suspended execution) is too uneased and unreasonable.

2. The judgment of the defendant has a record of being sentenced to a fine several times for the same crime, and the blood alcohol concentration at the time of the crime of this case was considerably high by 0.162%, etc. are disadvantageous circumstances.

However, the defendant recognized the crime of this case and divided his mistake in depth, there is no record of criminal punishment exceeding a fine, and the victims do not want the punishment of the defendant at the investigation stage. The scope of the recommended sentence for the crime of this case according to the sentencing guidelines established by the Sentencing Commission established by the Supreme Court sentencing committee is more than one month in imprisonment. The scope of the recommended sentence according to the criteria for handling multiple crimes such as traffic crime group, traffic accident type 1 (accident of traffic accident), general traffic accident type 1 (inception of punishment), special person (inception of punishment), decision scope of the recommended sentence (one to six months) and the scope of the recommended sentence (one to six months): the violation of the Road Traffic Act which is not subject to the sentencing guidelines, the Guarantee of Automobile Accident Compensation Act, and the violation of the Act on the Guarantee of Automobile Accident Compensation, etc. (the minimum sentencing criteria for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes are applied only to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.).

3. The prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal is groundless. It is so decided as per Disposition.

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