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(영문) 대전지방법원 2015.09.09 2015노2122
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. The circumstances that are favorable to the Defendant are: (a) the Defendant appears to have a strong social ties, such as: (b) the Defendant’s attitude to recognize both the instant crime and reflect in depth; and (c) the Defendant’s consciousness appears to have a strong social ties, such as the Defendant’s desire to take the Defendant’s wife against the Defendant; and (d) the Defendant

On the other hand, the fact that the defendant is driving under the influence of 0.178% alcohol concentration and caused the accident of this case, the injury suffered by the victim due to the accident of this case is very serious and the mental impulse of the victim seems to be extremely serious, and the victim has not been agreed with the victim, and the victim has applied for severe punishment against the defendant, and the vehicle driven by the defendant is not covered by a comprehensive insurance, and the possibility of the victim's damage can be fully recovered is low.

In light of the above circumstances and other circumstances after the crime of this case, the defendant's age, character and conduct, family relationship, environment, occupation, etc. and the conditions of sentencing as shown in the records and arguments, there is no change of circumstances that may otherwise determine the sentence and punishment, the sentencing criteria of the Sentencing Committee of the Supreme Court [the scope of recommendation] shall be the first type of traffic accident (the range of traffic accident) and the first class ( August to February and March) (the first class), the special heavy area (the second class), the second class (the first class), and the second class (the case falling under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes) are serious (the case falling under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes), and the illegality in the proviso of

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.

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