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(영문) 청주지방법원 2017.07.06 2017노427
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. Circumstances favorable to the defendant are as follows.

The Defendant made a confession of all the crimes of this case, and is seriously against the Defendant.

The degree of injury of the victim caused by the traffic accident is not much serious.

Circumstances unfavorable to the defendant are as follows:

The alcohol level of the defendant's blood alcohol level is 0.261% and 0.122%, among the two times, the danger of drinking driving was realized.

The Defendant had been sentenced to punishment for a violation of the Road Traffic Act through several times. On May 8, 2014, the Defendant was sentenced to imprisonment for six months due to a violation of the Road Traffic Act (drinking). On November 7, 2014, two years have not passed since the execution of the sentence was completed, and the Defendant committed each of the instant crimes.

In the case of a traffic accident, no agreement has been reached with the victim.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Defendant’s assertion is without merit.

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.

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