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(영문) 대전지방법원 2013.12.05 2013노1564

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in that the sentence of 10 months in imprisonment with prison labor declared by the court below and the sentence of 2 years in suspended sentence is too unreasonable.

2. The judgment is based on the following facts: (a) the damage caused by the instant traffic accident is relatively minor; (b) the defendant does not want the punishment of the defendant under an agreement with the victim D; (c) the defendant has obtained a driver's license valid in Uzbekistan; and (d) the defendant's workplace fees, etc. are taking the lead of the defendant; and (c) the defendant's appeal is recognized, but the case is driving under the condition that the blood alcohol concentration is 0.161% in a state without a valid driver's license recognized in Korea.

Despite the fact that each of the crimes of this case was committed again despite the fact that the Defendant committed the crime of this case, each of the vehicles operated by the Defendant was not covered by mandatory insurance, and other various sentencing conditions provided for in Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and circumstances before and after the crime, it is judged that the sentencing of the lower court is appropriate, and that the Defendant is too unreasonable.

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.