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(영문) 수원지방법원 2018.08.24 2018노3022
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, observation of protection, and community service order 200 hours) on the summary of the grounds of appeal is deemed to be too uneasible and unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant operated a vehicle in a situation where it is difficult for him to drive alcohol normally, and caused injury to three victims within the traffic accident due to the central line, and the quality of the crime is not less light; the defendant's blood alcohol concentration level is not low; the defendant has been punished several times including punishment due to traffic-related crimes; and the defendant did not agree with the victims.

On the other hand, the fact that the defendant recognized his mistake and reflects it, the degree of injury of the victims is relatively heavy, and the vehicle of the defendant is covered by the comprehensive motor vehicle insurance policy in favor of the defendant.

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem the lower court’s punishment to be too unfortunate and unfair.

Therefore, the prosecutor's above 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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