beta
(영문) 서울북부지방법원 2013.04.17 2013노19

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a fine of six million won) is too unreasonable.

2. We examine the judgment of the court below. The defendant's confession of the crime of this case and the fact that the defendant's driver's vehicle is insured against the defendant's comprehensive motor vehicle insurance, and that the defendant's driver's vehicle is insured against the defendant. However, while the defendant is under the influence of alcohol 0.114%, while driving a motor vehicle under the influence of alcohol 0.14%, the crime of this case was committed against four victims, including the defendant's six years of age and eight years of age, causing bodily harm to other people as well as the defendant's act. The defendant did not agree with the victim. The defendant was sentenced two times of a fine due to drinking driving, and other factors that are conditions for sentencing under Article 51 of the Criminal Act as stated in the records and arguments of this case, such as the motive for the crime of this case, the defendant's age, character and behavior, environment, family relations, etc., and circumstances after the crime, the defendant's allegation that the above defendant's punishment is too inappropriate.

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