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(영문) 부산지방법원 2017.09.26 2017노2571

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two-month suspended sentence of imprisonment for a period of eight months, and eight-hours for community service) is too unreasonable.

2. The judgment of the defendant is recognized that the defendant led to the confession of all crimes, and his mistake is divided, and the degree of injury of the victim is not hot.

However, the crime of this case is deemed to have been committed by the defendant due to shocking the preceding vehicle while driving alcohol and causing injury to the victim. The punishment of this case is very high, and the alcohol concentration in blood is 0.154%, the defendant has been sentenced to a fine through 10 times, has been sentenced, has been sentenced to suspended execution, and there has been a history of punishment several times for the same crime among them, and there has been no agreement with the victim, the victim has been subscribed to liability insurance, there has been no change of circumstances that may otherwise determine the age, sex, environment, motive, means and consequence of each of the crimes of this case, and all of the sentencing conditions indicated in the arguments of this case, such as the circumstances after the crime, etc., it is not recognized that the sentence of the court below is unfair because it is too too large.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and it is so decided as per Disposition (see, e.g., Supreme Court Decision 200Da364(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Specific Crimes, since it is apparent that the Defendant’s appeal was made by mistake after “Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes,” among the judgment below, the Defendant’s appeal