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(영문) 부산지방법원 2017.09.08 2017노2160
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. It is recognized that the judgment of the defendant led to the confession of all crimes, and his mistake is divided, the primary crime is the victim, the victim's injury level and degree are not hot, and the piracy vehicles are subscribed to a comprehensive motor vehicle insurance.

However, each of the crimes of this case is that the defendant was injured by the victim by shocking the damaged vehicle in the atmosphere of the signal while driving alcohol, and the responsibility for the crime is not less severe, that the alcohol level in blood is very high by 0.141%, that the victim did not agree with the victim, and that the defendant's age, sex, behavior, environment, motive, means and consequence of each of the crimes of this case, and all of the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, are considered, it is not recognized that the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act on the ground that the Defendant’s appeal is dismissed in accordance with the judgment of the court below (Article 70 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes). However, from the end of the scene of the crime to the end of the judgment of the court below, “A victim G (the 25 years old), who is the passenger of the victim E and the damaged vehicle, is the victim G (the 25 years old),” and the correction is made ex officio pursuant to Article 25(1) of the Rules on the Criminal Procedure as to the crime subject to this Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the correction is made ex officio after correcting it.

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