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(영문) 수원지방법원 2014.05.15 2014노1639
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Determination of unfair sentencing by both parties on the assertion of unfair sentencing is acknowledged as a criminal act; the victim's injury is not much severe; favorable circumstances, such as the fact that the defendant has been punished several times for the same kind of crime; the defendant does not seem to have an endeavor to recover damage; on July 7, 2011, the defendant's blood alcohol concentration belongs to a very high part; on July 7, 2011, the crime committed on July 7, 2011, which causes human and material damage after driving a motor vehicle under the license without license, and then escaped after the occurrence of traffic accident after driving the motor vehicle under the license of the second person; and on such other unfavorable circumstances as the defendant's age, character and behavior, health, home environment, circumstances of the crime, method and consequence, etc.; and on the argument of this case, the court below's imprisonment is not too severe or too harsh (i.e., imprisonment).

2. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, the judgment of the court below is correct because it is clear that the "(s) without prison labor" in Part 13 of Part 4 of the decision of the court below is erroneous. Thus, it is clear that it is deleted ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure.

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