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(영문) 광주지방법원 2015.10.07 2015노2043

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. It is recognized that the circumstances, such as the fact that the defendant recognized his mistake and reflects the defendant's mistake, the fact that the victim was on board the cargo space with the knowledge of the defendant's drunk driving, also is responsible for a certain portion of the instant accident, the defendant deposited KRW 10,010,00 for the victim's bereaved family members, and the fact that the defendant is aged and is not suitable for health.

However, even though the defendant had the power to be punished several times due to driving without a license for drinking, he is driving a motorcycle which has not been covered by mandatory insurance without a license for a motorcycle while he gets the blood alcohol concentration of 0.149%.

In order to cause a traffic accident to cause the death of the victim, the defendant's negligence and the result of the damage are very serious, the court below seems to have considered the above circumstances favorable to the defendant, and there are no special circumstances or changes in circumstances that may be newly considered in the sentencing after the decision of the court below, and other various sentencing conditions as shown in the argument of this case, such as the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, etc., are too unreasonable, and therefore the defendant's above assertion is without merit.

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