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(영문) 대구지방법원 2014.08.07 2014노1965

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The Defendant’s judgment is going against the Defendant’s fault in committing the instant crime, and thus, did not repeat the instant crime by taking advantage of his depth and disposing of the vehicle.

The victims of the instant traffic accident are relatively minor in terms of damage by suffering from the scopical scopical scopical scopical scopical scopical scopical scopics

However, the Defendant had the record of being punished for a two-time suspension of execution and four-time fines due to drinking, driving without a license, and committing each of the instant crimes during the suspension period of execution due to driving without a license. On January 13, 2014, after being prosecuted on January 24, 2014, it is necessary to punish the Defendant for severe punishment by causing a traffic accident while driving without a license.

The crime committed on February 16, 2014 committed by the defendant was committed by the defendant on February 16, 2014, which caused an accident that the defendant driven a vehicle while under the influence of alcohol with a level of 0.149% and stopped in front of the vehicle and concealed the vehicle, thereby causing multiple injuries to the victim.

Until the trial of the case, three victims among four victims have not been agreed with.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, it cannot be said that 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.