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(영문) 수원지방법원 2015.10.28 2015노2189

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the two-year suspended sentence for one year of imprisonment, the community service order of 120 hours, the order of 40 hours) is too unreasonable.

2. Even when considering the following facts: (a) the Defendant led to the confession and reflect of each of the crimes of this case; (b) the degree of injury suffered by the victims of traffic accidents is relatively minor; (c) the victims do not want the punishment at the investigation stage; (d) there is no record of punishment more severe than the past fines; and (e) there is a family member to support each of the crimes of this case, even though each of the crimes of this case is committed under drinking or a license without a license, it is not good in light of the content of the crime and the degree of damage; (c) the degree of blood alcohol concentration at the time is high at 0.147%; and (d) the Defendant repeated each of the crimes of this case even though he had been punished several times for the same crimes such as drinking and driving without a license; (d) the current Road Traffic Act does not prevent the driving of drinking alcohol which threatens road traffic safety; and (e) there is no family member to support it.

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.