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(영문) 서울서부지방법원 2016.04.07 2016노33
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of suspended execution in one year of imprisonment, two hundred hours of community service order, and forty hours of compliance driving) on the summary of the grounds of appeal is too unfasible and unreasonable.

2. The offense of this case, such as inducing the victim's death while driving a drinking alcohol, etc., is serious result, poor quality of the offense, and causes a traffic accident to the defendant due to drinking, and also has the history of escape.

However, in full view of all the sentencing conditions indicated in the arguments and records of the instant case, including the fact that the victim was negligent in crossing the victim without permission at the time of the instant traffic accident, the fact that the Defendant’s vehicle is covered by a comprehensive insurance policy, and the Defendant agreed with the victim’s bereaved family members, and it is against the depth of the Defendant’s criminal act, the sentence of the lower

The prosecutor's improper argument in sentencing is without merit.

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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