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(영문) 청주지방법원 2014.08.13 2014노579

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The fact that the defendant's judgment on the grounds for appeal of this case is contrary to the recognition of each of the crimes of this case, the victim C and K seek the defendant's preference in the trial, there is no record of criminal punishment for the same kind of crime, and the status of support for the child who is a high school student is in a position to support the child who is a high school student is considered in favor of the defendant.

However, the defendant's blood alcohol concentration at 0.186% at the time of operation was high so that the risk of the accident was not high, and the risk was realized due to the shocking of the victim C driver's vehicle which was actually stopped and the shock drilling accident occurred due to its shock. In light of the degree of damage such as the victim K, who was the victim C driver's vehicle at the victim C driver's vehicle at the victim C driver's vehicle at the same time, suffering from the injury requiring three weeks medical treatment, there is no circumstance to deem that the victim K took measures to recover the damage. There is no other circumstance to deem that the victim C driver's vehicle did not reach an agreement between the other victims up to the trial, and it is difficult to recover the damage because the vehicle operated by the defendant was not covered by mandatory insurance, and there is no other circumstance to consider the situation of driving. Considering the various sentencing conditions in light of the records, such as the defendant's age, character and conduct, family relationship, circumstances, motive and motive of the crime, etc., the court below's decision is unreasonable even if the defendant asserts.

2. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.