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(영문) 의정부지방법원 2019.05.31 2018노1654
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months and the suspension of execution, the community service order80 hours and the order to attend a compliance driving lecture 40 hours) that the court below sentenced is too unreasonable.

2. The judgment of the court below is recognized that the defendant recognized the facts charged of this case and suffered bodily injury from the victim, the degree of injury suffered by the victim is not excessive, the vehicle operated by the defendant was subscribed to a comprehensive motor vehicle insurance, the victims seems to receive medical expenses, etc. from the accident of this case, and there is no other criminal record except once a fine due to the violation of the Military Service Act is imposed on the defendant. Meanwhile, the crime of this case is deemed to have been committed by the defendant while driving a motor vehicle under the influence of alcohol concentration of 0.27% under the influence of alcohol level, while driving the motor vehicle under the influence of alcohol level at the rear, and suffered bodily injury to two victims in light of the circumstances, contents and result of the crime, and the crime is inferior, considering the social danger and harm of the defendant's life and body as a crime threatening to the victim and another person's life and body, the defendant did not agree with the victim to the judgment of the court below up to the accident, and there is no special reason to change the defendant's age and condition after the sentence of this case.

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

However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, the Act on the Aggravated Punishment, etc. of Specific Crimes ("Act on the Aggravated Punishment, etc. of Specific Crimes") of the judgment of the court below shall be aggravated.

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