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(영문) 대구지방법원 2020.02.07 2019노4793

특수상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized all of the crimes of this case and reflected, that the court below agreed with the victim B and E, who is the victim of special injury and special violence, and that the defendant could not mentally health due to depression and alcohol dependence.

However, in this case, the defendant has repeatedly driven under the influence of alcohol, caused a traffic accident while driving under the influence of alcohol, and escaped without taking any measures. The frequency of the crime is high, the quality of the crime is very high, the blood alcohol concentration is 0.153% and 0.213% in this case, the victim of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the victim of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the violation of the Road Traffic Act (Aggravated Punishment, etc. (Aggravated Punishment, etc. of a Accidents), there has already been a criminal record who has already been punished once by a fine, and there has already been a criminal record of a total of 8 times including 3 times punishment due to the crime of assault or bodily injury, and the other criminal records have been punished more than 9 times in total.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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