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(영문) 서울중앙지방법원 2018.06.22 2018노293
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of suspended sentence in the month of imprisonment with prison labor) is too unreasonable.

2. Determination is recognized that the Defendant appears to have led to the confession of and reflect on the instant crime, the degree of injury suffered by the victim is relatively minor, and the agreement with the victim is reached.

However, the Defendant again committed the same crime even though he had been sentenced to a fine due to driving of alcohol or causing injury to risk driving in 2015, the Defendant’s blood alcohol content is 0.167%, and there are no special circumstances or changes in circumstances that may be newly considered in sentencing in the appellate trial, and the lower court’s punishment seems to be reasonable and appropriate, and it cannot be deemed unfair in light of all the sentencing conditions of the instant pleadings, including the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Therefore, the defendant's assertion is not accepted.

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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