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(영문) 창원지방법원 2015.04.16 2015노513

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (eight months of imprisonment) is too unreasonable.

2. The Defendant was driving under the influence of alcohol level of 0.211%, and caused a traffic accident due to the dangerous driving resulting therefrom.

In relation to the crime of driving without a license, the license is revoked to drive a taxi for business without a license, and the case is not easy.

In addition, the defendant committed each of the crimes of this case during the period of probation, and there are a lot of records of punishment for the same crime, and there are two times the records of punishment for the traffic accident during the drinking driving and one time the records of suspended sentence due to the driving without a license.

Considering these circumstances, even if considering the favorable circumstances such as the fact that the defendant recognized the crime and committed a mistake, or the degree of injury of the victim is minor, and the crime that was the probation period is not the same crime, but the same crime is before 2006, it does not seem that the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.