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(영문) 대구지방법원 2013.11.21 2013노2391

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the defendant vehicle is covered by a comprehensive insurance, and the defendant agreed with the victim, and there are circumstances in which the error of the crime of this case is in depth divided and reflected.

However, drinking or unlicensed driving is a serious crime that threatens the life and body of himself/herself and others, and the defendant has committed the crime of this case again during the period of suspension of execution even though he/she has been punished several times due to drinking or driving without a license (suspension of execution and fine).

Blood alcohol concentration was also 0.202% higher.

In addition, examining the sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, etc. of the defendant, it is difficult to see that the sentence of 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.