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(영문) 대전지방법원 2018.10.04 2018노1526

특정범죄가중처벌등에관한법률위반(도주치사)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of reasons for appeal: The sentence of the lower court’s unfair sentencing (four years of imprisonment) is too unreasonable.

2. The lower court determined the Defendant’s punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there is no circumstance to newly consider in the trial of the Party.

In light of the circumstances asserted by the Defendant on the grounds of appeal, the sentence of the lower court is too unreasonable, considering the following: (a) one of the victimized middle students was killed due to the instant accident; (b) the other, despite the occurrence of a very serious consequence that requires medical treatment for about 10 weeks, the Defendant escaped without any particular relief measures; (c) failed to comply with the so-called alcohol measurement; and (d) failure to reach an excessive agreement among the bereaved family members of the deceased, the sentence of the lower court is too unreasonable.

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.