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(영문) 광주지방법원 2015.07.07 2014노2197

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (ten months of imprisonment, two years of probation, 120 hours of community service, and 40 hours of law-abiding lecture) is too unreasonable.

Judgment

In light of the favorable circumstances such as the Defendant’s agreement with the victims during being investigated by the investigative agency due to the instant crime, the Defendant’s vehicle was subscribed to a comprehensive insurance, the Defendant’s blood alcohol concentration is very high to 0.226% at the time of the instant case, the Defendant’s records of punishment twice due to drinking driving, and other unfavorable circumstances such as the Defendant’s age, character, conduct, environment, and sentencing conditions indicated in the instant case’s records, it cannot be deemed that the lower court’s punishment is too unreasonable.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.