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(영문) 수원지방법원 2016.08.18 2016노2499

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Determination is a favorable condition for the Defendant, such as the fact that the Defendant fully acknowledges each of the instant crimes, the degree of injury to the victim, and the fact that the Defendant paid insurance money to the victim in the automobile comprehensive insurance that the Defendant joined, and that the Defendant has no record of criminal punishment other than domestic fines.

However, each of the crimes of this case is repeated once again after the defendant paid a traffic accident violating signals due to drinking, and the driver's license of the motor vehicle was revoked, and the crime of drinking and driving without the driver's license was committed four times or more and the quality of the crime is not very high. The blood alcohol concentration in each of the crimes of this case is considerably high. The defendant was discovered to police officers at the time of the crime of driving without the driver's license and driving without the driver's license of this case on January 22, 2016. The defendant was parked in the path while the defendant escaped. The defendant was found to have been fined even before the time of regulating each of the crimes of this case, and the defendant's age, sexual behavior, environment, family relation, etc., the sentencing of the court below is too unfair.

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