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(영문) 서울서부지방법원 2015.10.15 2015노1107
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two months of imprisonment, two years of suspended execution, and forty hours of attending the law-abiding driving course) is too minor.

2. The judgment of the defendant has the record of being punished for the same kind of crime, and the crime of this case is an element of sentencing that is disadvantageous to the defendant, because it conflicts with the victim's vehicle while the defendant gets a central line at a place where a U-turn is not allowed while driving a motor vehicle under the condition of 0.166% blood alcohol concentration.

However, it is the sentencing factor favorable to the defendant that the defendant recognized all of his criminal acts, there is no history of punishment heavier than the fine, and that the compensation for human and material damage suffered in the comprehensive insurance in which the defendant joined is considered to have been fully paid.

In addition, when considering the various factors of sentencing prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, it cannot be deemed that the sentence of the court below is too uneasible and unreasonable.

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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