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(영문) 광주지방법원 2014.12.24 2014노2812
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unhued and unreasonable.

2. In light of the following circumstances: (a) the Defendant had a large number of criminal records for the same kind of crime; (b) the Defendant was sentenced to a suspended sentence of 2 months on June 11, 2014; and (c) the Defendant committed the instant crime while remaining two months after being sentenced to a suspended sentence of 2 months; (c) the blood alcohol content was higher than 0.210%; and (d) the Defendant did not agree with the victims; (b) the Defendant recognized his/her mistake; (c) the victim’s injury was minor; and (d) the Defendant was the disabled class 3 of the instant crime; and (e) the Defendant was the disabled class in the instant argument, taking into account the circumstances leading up to the instant crime; (d) the Defendant’s age, character and conduct, and environment, the Defendant’s punishment is too unjustifiable and unreasonable. Therefore, the Prosecutor’s assertion 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 ground that it is without merit. It is so decided as per Disposition.

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