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(영문) 대구지방법원 2017.03.23 2016노5325

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the Defendant recognized the mistake and reflects the Defendant, and that the vehicles used for the instant crime are subscribed to the Motor Vehicle Comprehensive Insurance.

However, despite the fact that the defendant had already been sentenced to criminal punishment for the same crime and several times of criminal punishment, there is a large degree of criticism in that he/she committed the crime of this case under the high level of 0.161% of alcohol level during blood.

In light of the above circumstances and other conditions of sentencing as shown in the records and arguments, including the character and conduct, the environment, and the circumstances after the crime, and the circumstances where there is no change in the conditions of sentencing compared to the first instance court and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of the above circumstances, the lower court’s punishment is too unreasonable.

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