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(영문) 전주지방법원 2014.09.26 2014노695

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years of suspended execution for one year of imprisonment, community service, and lecture attendance order) against the accused against the summary of the grounds for appeal is too unreasonable;

2. Although the judgment of the court below partially recognizes the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime and reflects the fact that the victims agreed smoothly at the court below, the above favorable circumstances are deemed to have already been reflected in all the court below. The defendant had the record of having been punished for the same kind of crime on several occasions, and the defendant caused a traffic accident while driving without a license in the state of drinking alcohol concentration 0.202% even though the license was revoked due to drinking driving on several occasions on 2013, and on other occasions, the defendant's age, character and behavior, environment, family relationship, etc., which are the conditions for the sentencing of this case, are too excessive punishment, and thus the defendant and his defense counsel's allegation of unfair sentencing is not reasonable.

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.