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(영문) 서울중앙지방법원 2018.07.19 2018노1148
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable.

2. The judgment is favorable to the defendant, such as the fact that the defendant recognized all the facts of the crime and divided, the degree of the victim's injury appears not to be serious, and the vehicle of the defendant seems to have been restored to a considerable portion of damage caused by the automobile insurance purchased.

However, this case is a case where the defendant without a driver's license did not see the signal at 0.136% alcohol level while under the influence of alcohol at 0.136% and caused a traffic accident involving the victim's car while driving normally, and the nature of the crime is serious; the defendant committed the instant crime again during the suspension period after being sentenced to imprisonment on October 11, 201, to 8 months of the suspension of execution, to 2 years of the suspension of execution; the defendant did not agree with the victim; and the victim's damage was completely recovered.

In full view of the fact that there is no evidence to see, and other various circumstances, such as the Defendant’s age, sex, environment, background and consequence of the crime, and the circumstances after the crime, etc., which are the conditions for sentencing as shown in the instant records and arguments, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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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