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(영문) 의정부지방법원 2020.10.29 2020노142
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: Imposition of the penalty (ten months of imprisonment, two years of suspended execution, and forty hours of participation in the law-abiding driving lecture);

2. The judgment below's sentencing is acceptable in full view of the following factors: the defendant's driving distance is not long, the defendant's driving is not subject to a fine due to drinking driving in 2006, there are no previous convictions, and there are family members to support the defendant. However, although the blood alcohol concentration is considerably high, the short distance is a short distance, but the accident occurs while driving under the influence of alcohol, but two persons are different; the degree of damage of the victim's vehicle confirmed by the record is considerably large; the victim's previous convictions are considerably damaged; and other factors of sentencing as prescribed in Article 51 of the Criminal Act are two kinds of criminal records. In addition, the court below's sentencing is just and there is no allegation

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

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