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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2013.09.12 2013노1057
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (limited to eight months of imprisonment, two years of suspended execution, 120 hours of community service order, and 40 hours of attending order) is too unreasonable.

Judgment

It is recognized that the defendant led to the crime of this case, the degree of injury suffered by the victims is relatively minor, and the victims do not want the punishment against the defendant. On the other hand, the defendant's assertion is without merit, and the driver's license of this case was revoked by being sentenced to a fine of KRW 7 million due to the same type of crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and the violation of the Road Traffic Act, and then again commits the crime of this case within 4 months after the revocation of the driver's license of this case. In full view of all the sentencing conditions such as the defendant's age, character and behavior, environment, criminal records, circumstances after the crime, the risk of recidivism, etc., the court below's punishment is too unreasonable. Thus, the defendant's assertion is without merit.

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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