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(영문) 서울북부지방법원 2020.05.22 2020노437
특정범죄가중처벌등에관한법률위반(위험운전치상)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. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court sentenced a sentence lower than statutory penalty after fully taking into account the favorable circumstances for the Defendant, such as the fact that the Defendant appears to reflect his/her wrongness, that the wife does not want the Defendant’s punishment, and that the wife purchased a comprehensive insurance policy.

When committing the instant crime, the blood alcohol concentration was very high at the time of the instant crime, the Defendant was driving in a state where normal driving is difficult due to drinking alcohol to the extent that the Defendant would have been able to drive his seat and roadside trees as they are, and the place of the instant accident was one-lane road that allows pedestrians to pass, and the instant crime was committed during the repeated offense period, including the Defendant’s age, character and behavior, environment, background and background of the instant crime, driving distance, criminal records, circumstances after the instant crime was committed, and other circumstances that are the sentencing conditions specified in the instant records and arguments, such as the Defendant’s age, character and behavior, background, driving distance, criminal records, etc., the sentence imposed by the lower court is too unreasonable

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.

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