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(영문) 대구지방법원 2017.11.30 2017노4336
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the summary of the reasons for appeal, the defendant asserts that the defendant is too unfasible to the punishment sentenced by the court below (ten months of imprisonment), and that the prosecutor is too unfased and unfair.

2. However, it is recognized that the defendant's mistake is against the defendant while committing the crime, and the damaged person does not want the punishment of the defendant in agreement with the victim, and the damaged vehicle is covered by the comprehensive motor vehicle insurance, and the defendant disposes of the above vehicle after this case.

However, the defendant has already been punished for the same kind of crime such as drinking and driving without a license, and in particular, on September 10, 2015, the Daegu District Court sentenced the defendant to the suspension of the execution of the road traffic law (refluence of drinking), the violation of the Road Traffic Act (refluence) and the violation of the Road Traffic Act (refluencedless Driving) on September 10, 2015, and had already been sentenced to a fine during the suspension of the suspension of the execution of six months and had already been sentenced to a fine. However, the victim of the traffic accident in this case committed the crime in this case without being aware of the fact that the degree of damage caused by the victim of the traffic accident in this case is not less than that of the defendant's age, sex, environment, occupation, and circumstances after the crime, etc., the sentence imposed by the court below is deemed appropriate, and it is not recognized that it is too excessive or unfair because it is unf

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act. However, as the "Law Firm B" of the judgment of the court below is obvious that it is a clerical error of "Law Firm B", it is corrected ex officio.

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