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(영문) 의정부지방법원 2021.03.25 2021노71

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a year and six months of imprisonment, a fine of 300,000 won) is too unreasonable.

2. In a case where there is no change in the sentencing conditions compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, the health unit and the Defendant, while recognizing each of the instant crimes, seriously reflects their mistake, and there is favorable circumstances such as disclosing the future plan as a contact and pipeline after release and making a good life.

On the other hand, in the case of a violation of the Road Traffic Act by drinking two or more times, the statutory punishment is heavier than two years, the defendant was not punished by imprisonment and did not compensate for damage to the victim of the accident because the defendant was not insured, but has been sentenced to a fine, the defendant's age, sex, sex, environment, family relationship, motive for the crime, means and method of the crime, circumstances after the crime, etc., and various other circumstances that are the conditions for sentencing as shown in the arguments and arguments, including the defendant's age, sex, sex, environment, family relationship, motive for the crime, means and method of the crime, etc., the sentence of the court below which has reduced the small amount by taking into account all the favorable circumstances alleged in the grounds for

It does not seem that it does not appear.

Therefore, the defendant's argument of sentencing cannot be accepted.

3. In conclusion, the defendant's appeal is without merit and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. However, the defendant's appeal is correct to unify the vehicle operated by the defendant into "a non-registered two-wheeled vehicle," "a non-registered two-wheeled vehicle," "a non-registered one-wheeled one, etc.," and "a variety of two-wheeled one" under Article 364 (4) of the Criminal Procedure Act.