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(영문) 서울중앙지방법원 2014.10.30 2014노3146
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court is too unreasonable in light of the following: (a) the summary of the grounds for appeal is against the Defendant; (b) the fact that the Defendant committed the instant crime contingent; (c) the fact that the disabled person should be supported; and (d) the agreement with all victims by agreement with the victim D after the sentence of the lower judgment was issued.

2. In full view of the following factors: (a) the blood alcohol content of the instant case is considerably high; (b) traffic accident occurred; (c) the Defendant was sentenced to imprisonment with prison labor for ten months and two years of suspension of execution due to the obstruction of performance of official duties; and (d) on May 2, 2014, the said judgment became final and conclusive; (b) the Defendant committed the instant crime only one month thereafter; (c) the Defendant was punished several times due to drinking driving; and (d) the lower sentence of the statutory penalty mitigated in consideration of the circumstances of the Defendant’s assertion after the lower court selected imprisonment; and (c) the lower sentence of the Defendant’s age, character and conduct, environment, and the background and consequence of the instant crime; and (d) all of the sentencing conditions specified in the instant argument, including the circumstances of the Defendant’s assertion, it cannot be said that the sentence of the lower

3. Accordingly, 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 groundless. It is so decided as per Disposition.

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