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(영문) 부산지방법원 2016.08.18 2016노2075
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. One-year imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. We need to take into account the circumstances favorable to the defendant in light of the following: (a) the defendant is a young person of 24 years of age, and the defendant takes the attitude of recognizing and reflecting the error; (b) the defendant deposits KRW 5 million in the victim E in the court below; and (c) the taxi mutual aid association pays the victim K a mutual aid amount of KRW 1.5 million to the taxi mutual aid association; and (d) the defendant has no record of punishment for traffic-related crimes, such as drinking,

However, in light of the fact that the Defendant driving the dynaf in an uninsurance state under the influence of 0.212% alcohol concentration in blood and suffered serious injury to the victim E while driving the dynaf in an uninsurance state, the Defendant did not agree with the said victim even though he/she suffered serious injury to the victim E, and even under the investigation, the investigation is being conducted only for three months, the Defendant driving the dynaf in an uninsurance state without a driver's license while driving the dynab in an uninsurance state under the influence of 0.180% of alcohol concentration in the dynaf in the dynaf in the dynaf during the dynaf period, and causing serious injury to the two dynaf in each of the crimes of this case, it is necessary to give

Considering the above circumstances and other circumstances such as the character and conduct, environment, motive and circumstance of the crime, and the circumstances after the crime, the punishment sentenced by the court below is within the scope of appropriate sentencing discretion.

The decision is judged.

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.

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