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(영문) 서울동부지방법원 2017.05.18 2016노1804
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the injury suffered by the victim of the instant traffic accident is natural healing, and it does not harm the completeness of the body or interfere with the physiological function of the victim, and thus, it is injury.

subsection (b) of this section.

B. The sentence sentenced by the lower court (six months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below on the assertion of mistake of facts, the victim was diagnosed as salt and tensions, shoulder and sacrines, sacrines, and tensions, and was actually subject to physical therapy and pharmacologic treatment, etc. due to the instant traffic accident.

Therefore, the injury suffered by the victim can be naturally cured, not the injury.

The above assertion by the defendant is without merit.

B. It is recognized that the Defendant’s confessions all the facts charged in the instant case, and the victim’s injury is relatively minor.

However, if the defendant's blood alcohol content reached 0.250% at the time of the instant traffic accident, and the defendant repeated a second time of a fine due to drinking driving even though he had the record of punishment, and further examines the defendant's age, sex, family environment, the circumstances and results of the instant crime, and the subsequent circumstances, etc., the court below's punishment is too unreasonable, and thus, the defendant's above assertion is without merit.

3. Accordingly, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal of this case is without merit. It is so decided as per Disposition.

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