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(영문) 춘천지방법원 2013.10.16 2013노387

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 (five million won of fine) is too unreasonable.

2. We examine the judgment, and the defendant has several times of punishment for the same kind of crime. The crime of this case was committed while under the influence of 0.126% alcohol concentration and caused an accident to inflict injury on the victims by causing an accident. In light of the nature of the crime and criminal circumstances, the social danger and harm of the drinking driving crime is serious, and the defendant did not reach an agreement without suffering damage to the victims up to the trial, and considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and various kinds of sentencing conditions as shown in the arguments after the crime, the sentence of the court below is deemed appropriate. Thus, 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 as it is without merit. It is so decided as per Disposition.

[However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the second 20th "Act on the Aggravated Punishment, etc. of Specific Crimes" in the judgment of the court below shall be corrected to the "Act on the Aggravated Punishment, etc. of Specific Crimes".