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(영문) 수원지방법원 2018.01.19 2017노7626
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (7 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant, where the Defendant caused the instant traffic accident while driving alcohol and sustained injury to the victims.

On the other hand, the defendant repents his mistake and reflects his mistake, and the defendant has no other criminal history except for the punishment of a fine once due to the crime of double-type, and the degree of injury of the victims is relatively minor.

The fact that the defendant's vehicle appears, the fact that the defendant's vehicle is covered by the motor vehicle comprehensive insurance is favorable to the defendant.

In addition, when comprehensively taking into account all the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, the lower court’s punishment is deemed unreasonable as it is too uneasible.

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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