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(영문) 서울중앙지방법원 2017.07.06 2017노301
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unfasible and unfair.

2. The instant crime was committed by the Defendant, while driving a drinking alcohol, resulting in the victim’s injury requiring approximately three weeks’ medical treatment by shocking the victim’s driving vehicle in front and rear at the time of the instant crime. The nature of the crime is not good. The Defendant’s disadvantage is that the alcohol level at the time of the instant crime was significantly high by 0.245%.

However, the circumstances favorable to the defendant include the fact that the defendant is recognized as committing the crime of this case, the first offender, the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance, and the agreement with the victim is reached smoothly.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.

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