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(영문) 의정부지방법원 2016.02.04 2016노42
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to the confession of each of the crimes of this case and reflected, and deposited part of the amount of damage for the victims.

B. However, the judgment of the court below is not too unreasonable in view of the following: (a) the Defendant was sentenced to imprisonment for 6 months as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults) on November 27, 2013; (b) the Defendant committed each of the crimes in this case while being sentenced to imprisonment for 6 months; and (c) the Defendant was sentenced to a two-year suspension period; (d) the degree of alcohol content in the blood alcohol content is very high as 0.21% at the time of driving of this case; and (e) the Defendant’s age, sexual behavior, environment, motive and circumstance leading to the instant crime; and (e) the motive and circumstance leading to the instant crime; and (e) the circumstances before and after the instant crime were committed.

(c)

Therefore, the defendant's above 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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