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(영문) 광주지방법원 2020.04.28 2020노503

특정범죄가중처벌등에관한법률위반(위험운전치사)등

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The fact that the Defendant recognized the instant crime and the Defendant agreed with the bereaved family members of the victim is favorable.

On the other hand, considering the harmful effects of drinking driving on society, there is a need to strictly punish the crime of drinking traffic accidents such as the Defendant committed, the blood alcohol concentration of this case (0.102%) is high, and the Defendant is unable to properly memory the order of the occurrence of the accident, etc. The Defendant’s negligence occurs, which resulted in a very serious result of the death of the victim due to the crime of this case, and the Defendant has several criminal records before drinking driving, and in particular, even though there was a criminal record sentenced to punishment for causing injuries to many victims due to driving without a drinking license in 2012, the Defendant committed the crime of this case.

There is no special relationship or change of circumstances that can be newly considered by this court, and in full view of the defendant's age, character and conduct, family relationship, circumstances after the crime, and various sentencing conditions as shown in the records and arguments of this case, the sentence of the court below is too unreasonable.

Defendant’s assertion is not accepted.

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