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(영문) 대전지방법원 2014.02.20 2013노2874

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The 8-month imprisonment sentenced by the court below is too large and unfair.

2. The judgment was examined, the fact that the defendant was the first offender, the defendant was not guilty, and the victim F does not want to punish the defendant, but the defendant is driving the motor vehicle under the condition of 0.131% alcohol concentration without the driver's license.

In light of the degree of damage, the crime liability is very significant in light of the degree of damage that caused the traffic accident caused the victim D, which requires approximately 10 weeks of medical treatment, the victim F, and the damaged vehicle was damaged by approximately 25,90,000 won of the cost of repairing the damaged vehicle. Nevertheless, the victim D was unable to recover the victims' damage, and the victim D was able to escape while receiving medical treatment after the traffic accident, and the defendant was able to escape and locked, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances before and after the crime, etc., the sentencing of the court below is judged to be appropriate, and it is not deemed unfair.

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.