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(영문) 울산지방법원 2018.12.21 2018노1091
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (one year of imprisonment, two years of suspended execution, 80 hours of community service order, 40 hours of attending order) is too unreasonable.

2. Determination factors are the sentencing factors that can be taken into account for the Defendant, such as the fact that the Defendant recognized the instant crime and took an attitude against the Defendant, and that the Defendant has no record of punishment exceeding the same criminal history or fine.

However, in full view of the fact that the Defendant was at night, and the Defendant was under the influence of alcohol at the time of driving under the influence of alcohol, and that the Defendant was under the influence of alcohol at the time of driving under the influence of alcohol, and the Defendant was under the influence of alcohol at the time of driving under the influence of alcohol, and the victim was under the fault of the Defendant because the victim was under the influence of driving the vehicle due to the failure of normal driving, such as he was under the influence of alcohol, and was under the influence of driving the vehicle due to the negligence while driving the vehicle at the time when he was under the influence of alcohol, and the victim was under the influence of suffering from the injury requiring three-day medical treatment. The size of the traffic accident is large, such as the Defendant’s age, sexual behavior, home environment, motive and background of the crime, the motive and consequence of the crime, and the circumstances before and after the crime, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

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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