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(영문) 대전지방법원 2014.10.30 2014노2324

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is recognized that the defendant recognized all of the crimes of this case, the victim's injury is relatively minor, the defendant agreed to pay 6 million won to the victims for medical expenses, etc., and the defendant's vehicle is covered by a comprehensive motor vehicle insurance. However, despite the fact that the defendant has been punished several times due to drinking driving including the suspended sentence and the sentence, and in particular, even though the defendant was notified of a summary order of KRW 3 million due to drinking driving in 2012, the defendant again driven under the influence of alcohol and caused the accident of this case. At the time of this case, even though the defendant was notified of a summary order of KRW 3 million due to drinking driving, it was highly high alcohol concentration to the extent that it does not recognize the occurrence of the accident, the defendant was considerably high at the time of this case, and in full view of various sentencing conditions prescribed in Article 51 of the Criminal Act, such as age, character and behavior of the defendant, environment, motive, means and consequence before and after the crime, etc., the sentencing of the court below is too inappropriate.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.