beta
(영문) 서울동부지방법원 2019.08.22 2019노498

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution) of the lower court are too unreasonable.

2. Comprehensively taking account of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by fully considering the circumstances, including various grounds for sentencing asserted by the Defendant, such as the background leading up to the instant crime, the blood alcohol density of the Defendant at the time of the accident, the degree of damage caused by the accident, the Defendant’s primary offender and reflects on the Defendant, and the Defendant’s receipt of a letter from the victim, and there is no special circumstance to the extent of changing the sentencing ex post facto, and therefore, the Defendant

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.