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(영문) 창원지방법원 2014.07.10 2014노718

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant led to confession and reflects the gist of the grounds for appeal, that the defendant was the first offender who has no record of crime, that the defendant subscribed to the automobile comprehensive insurance, and deposited 30 million won for the victim's bereaved family members, etc., the punishment (one year of imprisonment) imposed by the court below is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, the instant crime is under the influence of alcohol content 0.207% by reflecting the following: (a) the Defendant was under the influence of alcohol; (b) while driving a vehicle under the influence of normal speed beyond 0.207%; (c) while driving the vehicle under the influence of the snow at the time and with an excessive and continuous speed due to the negligent negligence in violation of the stop signal, resulting in the victim’s DNA driver’s death due to an over-speed and flaging so on; and (d) the case is not less than that of the victim’s flag, which caused the victim’s death due to a serious flaging so on; (b) driving under the influence of alcohol is a crime that may cause damage not only to individuals, but also to life and property; and (c) the Defendant’s amendment of the Road Traffic Act requires strict punishment; (d) the Defendant violated the instant traffic accident by driving the vehicle at a speed of 60 km/h and 120 km; and (c) the Defendant’s’s age and the Defendant’s age of the Defendant’s injury.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

참조조문