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(영문) 서울서부지방법원 2016.12.08 2015노1689
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (7 million won of fine) is too unreasonable.

2. In light of the favorable circumstances, such as the fact that the defendant led to the confession of the crime and reflects the wrongness, but the defendant's blood alcohol concentration at the time of the instant case was very high to 0.236%, and thus, the risk of the accident occurred. In fact, the defendant caused the traffic accident that causes the victim's injury and damages the damaged vehicle due to drinking driving, the defendant has a criminal record due to drinking driving, the defendant's age, career, character and conduct, the circumstances leading to the instant crime, and the circumstances after the instant crime, etc., as a whole, the sentence of the court below is appropriate.

The defendant's assertion of unfair sentencing 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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