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(영문) 서울중앙지방법원 2016.05.12 2015노4973

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant recognized the Defendant’s criminal act; (b) the Defendant did not have the same criminal record; (c) caused another person to be injured by a traffic accident under the main condition of “0.170% alcohol concentration in blood” in favor of the Defendant; and (d) the liability for committing abusive and assault against the passengers, who gets involved in the victimized taxi at the time when the victim was deprived of, and the liability for committing the instant crime is not less desirable; (d) the motive and background of the instant crime; (e) the Defendant’s age, sex, sex, environment, family relationship, etc.; and (e) the sentence imposed by the lower court cannot be deemed unfair because the sentence imposed by the lower court is too excessive.

The defendant's argument of sentencing is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.