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(영문) 수원지방법원 2014.06.26 2014노2222

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (ten months of imprisonment) is too unreasonable;

2. Determination takes into account the following circumstances: (a) the Defendant led to the confession of the instant crime while committing the instant crime; (b) the Defendant appears to be able to recover damage by means of a comprehensive motor vehicle insurance to which the Defendant was admitted; (c) there is no criminal record exceeding a fine for the Defendant; (d) there is no criminal history of punishment due to drunk driving; and (e) the Defendant’s detention appears to be in an economically difficult situation due to the Defendant’s economic difficulty; (b) the Defendant was shocking the victim by wrong operation of the motor vehicle while under the influence of alcohol; (c) the Defendant’s blood alcohol concentration was very high; (d) the victim suffered serious injury requiring 16 weeks medical treatment; and (e) the victim was deemed to have suffered significant injury after treatment; (e) the victim was unable to reach an agreement with the victim; and (e) there is no other circumstances making efforts to reach an agreement; and (e) the Defendant’s age, character and conduct, circumstances before and after the instant crime, and all of the sentencing conditions revealed after the instant crime.

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.