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(영문) 수원지방법원 2019.03.22 2018노8256

특정범죄가중처벌등에관한법률위반(위험운전치사)등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court (one year and six months of imprisonment) is too unfluened and unreasonable.

2. The judgment of the Defendant, when driving at a speed near 2 times the speed limit while under the influence of alcohol with a blood alcohol level of 0.161% at a low level where the Defendant was secured, caused a traffic accident, and the occurrence of a serious consequence of the victim’s death is disadvantageous to the Defendant.

However, the fact that the defendant recognized his mistake and reflects his depth, the primary offender, the traffic situation, and the victim who illegally crosss the road of six-lanes without permission is also erroneous, and the sea vehicle is covered by a comprehensive insurance, and the fact that it has agreed with the bereaved family is favorable to the defendant.

In addition, considering the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy or is not unreasonable because it is too heavy. Therefore, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.