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(영문) 의정부지방법원 2019.07.18 2019노598
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair punishment) by the lower court (one year of imprisonment) is too unreasonable.

2. As to the determination of sentencing, it is reasonable to respect the sentencing of the first instance court in the event that the sentencing of the first instance does not deviate from the reasonable scope of discretion, since the first instance court’s inherent area exists in the determination of sentencing.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The case holding that the lower court’s efforts are shown to prevent recidivism on the grounds of sentencing (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015) including the following: (a) the fact that the lower court led to the occurrence of a crime; (b) the victim’s injury is relatively minor; (c) the drug alcohol concentration was relatively high; (d) the victim was punished twice for the same crime; (c) the circumstance in which the victim was under the influence of alcohol driving; (d) the circumstance in which the victim was under the influence of alcohol driving; and (e) the circumstance in which the Defendant did not reach an agreement on the victim’s vehicle under the influence of traffic accidents; and (e) the situation in which the victim did not appear to have reached an agreement on the victim’s vehicle under the influence of alcohol after continuous driving; and (e) the Defendant did not want to have reached an agreement on the victim’s vehicle.

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