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(영문) 대구지방법원 2017.08.24 2017노1087
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in six months of imprisonment) is too unfluent and unfair.

2. Despite the fact that the Defendant was punished for driving under drinking, the level of criticism is high in that it causes a traffic accident while driving a motor vehicle in a state of 0.208% alcohol level during the blood of the city and causing the injury to the victim.

However, in full view of all the sentencing conditions in the records and arguments, including the defendant's age, sex, environment, occupation, occupation, and circumstances after the crime, the sentence of the court below is too unafford and it is not recognized as unfair, in light of the following: (a) the victim did not have any punishment for the defendant by agreement with the victim; (b) the degree of injury suffered by the victim is not serious; (c) the vehicle is covered by the automobile comprehensive insurance; (d) the defendant has no criminal record other than once a fine is imposed; and (e) the defendant has no criminal record.

3. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That the "Special Act on the Aggravated Punishment, etc. of Specific Crimes" in the "Act on the Aggravated Punishment, etc. of Specific Crimes" in the application of the law of the court below is obvious that it is a clerical error in the "Act on the Aggravated Punishment, etc. of Specific Crimes

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