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(영문) 의정부지방법원 2016.04.12 2015노3354

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too unreasonable.

2. Determination

A. The Defendant is recognized to have led to the confession of the instant crime and reflect on the nature of the Defendant, the primary offender, and the subscription to a comprehensive insurance.

B. However, in full view of the following circumstances: (a) the Defendant’s driving of a motor vehicle in a state of 0.251% alcohol concentration in blood and caused a traffic accident; (b) the lower court rendered the lowest statutory penalty; and (c) the Defendant’s age, background of the crime, and circumstances after the crime, etc., which are conditions for sentencing specified in the instant pleadings, the lower court’s punishment is too unreasonable even if considering the favorable circumstances of the Defendant, even if it were to be considered in light of the aforementioned circumstances favorable to the Defendant.

(c)

Therefore, the defendant's above assertion is without merit.

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

However, since it is apparent that the application of the law of the court below was omitted in the ordinary concurrences in the application of the law of the court below, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the "application of the law" in Article 25(2) of the "Act on the Aggravated Punishment, etc. of Specific Crimes" is added to the "Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes" in the "Act on the Aggravated Punishment, etc. of Specific Crimes" in the "Act on the Aggravated Punishment, etc. of Specific Crimes" in the "Act on the Aggravated Punishment, etc. of Specific Crimes" shall be deleted, and each of the "1.1.1.1.1.1.1." At the bottom, the "1.1.1.1.1."