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(영문) 수원지방법원 2018.08.24 2018노3032
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, and 80 hours of community service order) on the gist of the grounds of appeal is too unhued and unreasonable.

2. The instant crime committed by the Defendant, while under the influence of alcohol, causes a traffic accident by negligence resulting in the death of the victim while driving a motor vehicle by neglecting his/her duty of care in the front time while making it difficult for him/her to drive the motor vehicle, which results in the death of the victim. The

Meanwhile, there are circumstances favorable to the defendant, such as the fact that the defendant reflects the crime, the fact that there appears to be somewhat consideration of the circumstances leading to the crime of this case, the fact that there is no history of punishment against the defendant, the fact that the victim's bereaved family does not want the punishment of the defendant, and the fact that the social relationship between the defendant and the victim is clear.

Considering the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s occupation, age, sex, environment, family relationship, motive for committing a crime, and the circumstances after committing a crime, it is difficult to view that the lower court’s punishment is too unfeasible 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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