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(영문) 광주지방법원 2013.10.16 2013노1736
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year of imprisonment, three years of suspended execution, three years of probation, community service, 40 hours of education, 40 hours of education) is too unreasonable.

2. The judgment reveals that the defendant committed a crime and led to reflect his mistake while leading to the confession of the crime, that the vehicle driven by the defendant has been separately agreed with the victims, that the victim's injury was not more than two weeks in need of each, and that the defendant did not have any other criminal record, but it is recognized that there was no criminal record other than the previous criminal record, but the defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act of March 9, 2007, and that the defendant was sentenced to a fine of KRW 3 million as a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act of March 11, 201 and a crime of violating the Road Traffic Act of KRW 0.203% in each case.

In light of the following circumstances: (a) the Defendant’s legal attitude was serious; and (b) the lower court appears to have determined the sentence considering the favorable circumstances of the Defendant; and (c) there was no special change in the trial; and (d) the Defendant’s age, environment, character and conduct; (b) the background and motive leading to the instant crime; and (c) the circumstances after the commission of the crime, etc., which are the conditions for sentencing specified in the records and pleadings, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

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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