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(영문) 서울동부지방법원 2014.12.05 2014노1457
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (4 million won of a fine) declared by the court below against the defendant is too unhued.

2. In the occurrence of the instant traffic accident, there are some extenuating circumstances against the Defendant, such as the degree of negligence of the Defendant in the occurrence of the instant traffic accident, the blood alcohol concentration at the time of the crime, the numerical value of which is considerably high by 0.135%, and the Defendant was unable to receive a letter from the victim or to reach a full agreement even until now, but the Defendant, as a primary offender, has divided and reflected his mistake in depth, and the degree of injury to the victim of the instant traffic accident and the degree of the damage to the vehicle is relatively minor, and such damage seems to have been recovered to a certain extent through a comprehensive insurance policy with the Defendant’s vehicle subscribed. In addition, considering various sentencing conditions indicated in the records, such as the motive, means and result of the instant crime, the circumstances after the crime, the Defendant’s age, character and conduct, intelligence, and environment, the Prosecutor’s assertion is not acceptable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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