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(영문) 춘천지방법원 2018.07.20 2018노350

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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All appeals by the Defendants are dismissed.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. After the judgment of the court below, the victim of the traffic accident caused by the defendant A was paid insurance money and the victims expressed their intention not to be punished by the defendant A by agreement with the victims.

However, Defendant A, while driving under the influence of alcohol, caused the instant traffic accident, and the nature of the crime is not good.

On the other hand, there is no significant change in circumstances that consider Defendant B's sentencing after the judgment of the court below.

In light of the contents and results of each of the instant crimes, the appellate court’s sentencing conditions and the reasons for sentencing as indicated in the instant records and theories on the background leading up to the payment of insurance proceeds in the appellate trial and the agreement with the victims, the Defendants’ age, sexual conduct, environment, etc., and the background of the lower judgment’s sentencing, even if considering all the circumstances alleged by the Defendants on the grounds of appeal, the lower court’s punishment is unreasonable

All of the defendants' arguments about sentencing are not accepted.

3. In conclusion, all appeals by the Defendants are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.