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(영문) 의정부지방법원 2019.09.27 2019노1580
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of one and a half years of imprisonment sentenced by the lower court is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the following circumstances are favorable to the Defendant: (a) the Defendant: (b) recognized the facts charged in the instant case; and (c) reflects his mistake in depth; and (d) the vehicle driven by the Defendant was covered by the motor vehicle comprehensive insurance; and (b) the victims seem to have been able to receive compensation for medical expenses, etc. incurred

Meanwhile, the crime of this case is committed in a state of drinking alcohol concentration of 0.277% and driving a motor vehicle with the central line her opposite direction while driving the motor vehicle in a state of drinking alcohol level of 0.27% and driving the motor vehicle in the opposite direction, and causing injury to two victims for about 10 weeks and about 2 weeks in consideration of the defendant's blood alcohol concentration and violation of duty of care, degree of injury suffered by victims, etc. The crime of this case is very poor; the drinking driving is necessary to be strict when considering the social danger and harm of the crime of threatening the life and body of himself/herself and others; the defendant has a history of criminal punishment on several occasions, such as suspended sentence of imprisonment for the same kind of drinking driving crime, and the defendant was unable to agree with the victims until the victims and did not take any measures to recover damage.

In addition, there is no special change in circumstances to change the sentence of the court below after the sentence of the court below, and taking into account the defendant's age, occupation, character and conduct, environment, family relationship, circumstances after the crime was committed, and various conditions of sentencing as shown in the present case's records and arguments, such as the defendant's age, occupation, character and conduct, circumstances after the crime was committed.

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