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(영문) 대구지방법원 2020.04.24 2020노359
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. Determination is not limited to the degree of injury of victim I due to the instant traffic accident, and it is recognized that the Defendant agreed with the said victim.

However, the defendant was sentenced to a punishment once as a result of drinking driving, four times a suspended sentence of imprisonment, and two times a fine, and the defendant was sentenced to a punishment for one year and six months due to drinking and driving without a license, and was driving again on September 26, 2019, which was several months after the execution of the sentence was completed. On October 8, 2019 when he was investigated as the case, he again carried on drinking again on September 26, 2019, and caused a traffic accident. The result that the blood alcohol concentration level at the time of driving under each of the instant cases is considerably high, and other sentencing conditions as shown in the pleadings of the instant case, such as the defendant's age, character and behavior, home environment, the above argument by the court below is too unreasonable. Thus, the above argument by the defendant is without merit.

3. According to the conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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