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(영문) 서울중앙지방법원 2017.07.20 2017노970
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unfilled and unfair.

2. The instant crime is an unfavorable circumstance to the Defendant, where the Defendant did not operate a direction while driving alcohol, and the victimized person caused the Plaintiff to get a central separation from the Defendant’s driver’s vehicle, resulting in an injury requiring approximately two weeks of medical treatment. The nature of the instant crime is not good. The blood alcohol concentration at the time of the instant crime is very high to 0.306%, and the Defendant was punished for a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) on May 28, 2014.

However, the fact that the defendant recognized the crime of this case and reflected against the defendant, the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance (Evidence No. 30 of the evidence record), the fact that the victim agreed smoothly with the victim (Evidence No. 52 of the evidence record), the recent driver's vehicle is being sold, etc. (Reference Materials No. 29 of June 29, 2017), and the fact that the degree of damage is not excessive is favorable to the defendant.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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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