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(영문) 서울중앙지방법원 2014.06.26 2014노1524

도로교통법위반(음주운전)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. As to the summary of the reasons for appeal (one year of imprisonment) by the lower court, the Defendant asserts that it is too unreasonable that the Defendant is too unfied and unfair, and the prosecutor is too unfied and unreasonable.

2. The judgment follows: ① The blood alcohol content of the instant case was very high as 0.181% and the central line was invaded by the Defendant’s negligence; ② the degree of injury to the victim D and F was very heavy; ③ although the instant Maritime Vehicle was covered by a comprehensive insurance and the Defendant deposited a total of KRW 5,00,00 for the said victims at the court below, it is deemed that the said comprehensive insurance and deposit alone were insufficient to compensate for damage under the circumstances where the said victims were unable to properly conduct their occupation due to serious mental shock; ④ there was no criminal history exceeding the same kind of crime and fine; ④ there was no criminal history against the said victims; on the other hand, there was an agreement with the victim G, and contrary to their mistake; and ③ the Defendant’s age, character and conduct, the background and consequence of the instant crime, and the circumstances after the instant crime, etc., were comprehensively taken into account, the Defendant and the prosecutor’s allegation in the sentencing against the Defendant are proper and unreasonable.

3. According to the conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is