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(영문) 창원지방법원 2017.09.07 2017노1309
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment, two years of suspended execution) is too unfased and unfair.

2. The following facts are the circumstances unfavorable to the Defendant: (a) the Defendant: (b) while driving in a state of 0.234% alcohol level while driving in the blood; (c) the occurrence of an accident; (d) the occurrence of an injury requiring the victims’ medical treatment of three weeks and twelve weeks; (d) twice due to driving in alcohol; and (e) the occurrence of one-time punishment for refusing to measure alcohol alcohol level; and (e) the occurrence of one-time punishment for refusing to measure alcohol level.

However, the fact that the defendant recognized the crime of this case and reflected against the defendant, and the crime of this case occurred while the defendant was driving on his behalf to return home after drinking, but did not find a parking lot, and there are circumstances to consider the situation that it occurred while driving for himself, the vehicle which was driving at the time was covered by a comprehensive insurance, the fact that the defendant agreed with the victims, the defendant would not scrap and repeat the above vehicle.

The court below added 120 hours community service order and 40 hours community service order to prevent recidivism in consideration of the defendant's criminal records, and added 120 hours community service order and 40 hours community service order in order to prevent recidivism, there are no special circumstances or changes in circumstances that may be newly considered in the trial, and other various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, including the defendant's age, environment, sex, motive of the crime, and circumstances before and after the crime, it cannot be deemed that the sentence of the court below is too unjustifiable and unfair.

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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