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(영문) 광주지방법원 2015.04.01 2015노308
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The fact that the Defendant recognized his mistake and reflects the fact that the Defendant agreed with the victim, etc. is favorable, but the Defendant caused the instant accident while driving under the condition of 0.192 percent alcohol concentration in blood, and the victim suffered serious injury requiring medical treatment for about 12 weeks due to the instant accident, the vehicle driven by the Defendant was not covered by mandatory insurance, and substantial damage recovery measures such as the payment of medical expenses to the victim have not been taken, and the same criminal records have not been taken, etc., are disadvantageous circumstances. In addition, considering the circumstances leading to the instant crime, the circumstances after the commission of the crime, the Defendant’s age, character and conduct, and environment, it is not recognized that the lower court’s punishment is too unreasonable, and therefore, the above argument by the Defendant is not reasonable.

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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