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(영문) 의정부지방법원 2020.09.10 2020노1583
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing (in original case: Imprisonment with prison labor for ten months);

2. In light of the fact that the court below’s sentencing conditions under Article 51 of the Criminal Act are met, comprehensively taking account of the following factors: (a) the circumstance in which the defendant led to confession and driving under the influence of alcohol is not long; (b) the blood alcohol concentration is high; and (c) the accident occurred while driving under the influence of alcohol; and (d) the defendant’s repeated mistake is deemed to require a serious radius; and (e) the court below’s sentencing conditions under Article 51 of the Criminal Act

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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