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(영문) 인천지방법원 2013.09.13 2013노1701

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 (5 million won of a fine) is too unreasonable.

2. The judgment of the court below is in a situation where the defendant is economically difficult, and it is recognized that there is no record of punishment for the same kind of crime, but in the case where the driving of a motor vehicle causes injury to another person while normal driving is difficult due to high drinking level and influence of drinking, etc., according to the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the sentence shall be imposed at the lowest of the statutory penalty in consideration of all the circumstances favorable to the defendant. In light of all the circumstances favorable to the defendant, there is no special relation or change of circumstances that can be additionally considered in the trial, and there is no other special relation or circumstance that the defendant's age, character and behavior, environment, and circumstances after the crime, etc., the defendant's assertion cannot be accepted since the sentence imposed by the court below is too unreasonable.

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