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(영문) 의정부지방법원 2013.11.21 2013노2075

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (four months of imprisonment) shall be too unreasonable.

2. It is recognized that the circumstances such as the fact that the Defendant agreed smoothly with the victims of the instant traffic accident, the fact that the Defendant’s vehicle was covered by a comprehensive insurance policy, the disability caused by the light of the headlight of the damaged vehicle, seems to have somewhat affected the occurrence of the accident, and the Defendant’s mistake is divided.

However, considering the circumstances, such as the fact that the victim of the instant crime is majority, the degree of damage is not easy, the defendant's blood alcohol concentration was high at the time of driving, the defendant has a majority of the same criminal records, and the defendant repeatedly causes non-license, drinking driving or traffic accidents, and the risk of recidivism is high, and the punishment is not likely to lose equity when compared with the punishment of other similar criminals of the same kind, it cannot be deemed unfair in light of the circumstances and methods of the crime, the age, character and behavior, home environment of the defendant, and all other sentencing conditions indicated in the records of the instant case, such as punishment of the defendant.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.