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(영문) 대구지방법원 2015.09.17 2014노4538
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, 2 years of suspended execution, and 160 hours of community service order) of the lower court is deemed to be too uneasible and unfair.

2. The instant crime was committed by the Defendant while driving under the influence of alcohol, resulting in a traffic accident leading to the collision of the victim by strokeing the center line due to stroke driving, resulting in the death of the victim.

Although the Defendant had a past record of criminal punishment for drunk driving (one suspended sentence, one time of fine), it is recognized that the Defendant committed the instant crime again, and that the degree of blood alcohol level of the instant blood alcohol level is 0.143%, and that the Defendant should be punished strictly.

However, the Defendant’s mistake in committing the instant crime is considered to be against the Defendant’s depth, and there is no record of criminal punishment exceeding the suspended sentence against the Defendant. As the piracy is covered by a comprehensive insurance, damage recovery seems to have been achieved to a certain extent, and there is also a circumstance in which the Defendant paid KRW 40 million to the bereaved family members for the victim’s bereaved family members and agreed to do so.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence of the court below cannot be deemed unfair because it is too uneasible.

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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