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(영문) 부산지방법원 2014.06.27 2014노1290
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 is too unreasonable that the punishment of 8 months sentenced by the defendant is too unreasonable.

2. It is recognized that the judgment of the defendant recognized all of the crimes of this case, the defendant's driver's vehicle subscribed to a comprehensive insurance and therefore, it appears that the medical expenses can be paid out of the insurance money, and the victim made an agreement with the victim who suffered the traffic accident, the victim expressed his intention not to punish, economicly difficult, and support the mother and the wife's consciousness.

However, each of the crimes of this case was committed under the influence of 0.217% by the defendant while driving a car while driving the car, causing a traffic accident to cause the victim's injury requiring medical treatment for about 10 weeks, allowing the wife at the time to attend the police and make statements as a driver causing a traffic accident. The nature of the crime is very poor, in light of the degree of driving or the result of damage, the case is not less severe, and the revised Road Traffic Act strengthens criminal punishment by raising the statutory punishment for the crime. In particular, it does not seem that there is an urgent or inevitable circumstance that the defendant should drive the vehicle in the influence of alcohol condition at the time, including the fact that the defendant had been sentenced two times or more, and the defendant's age, environment, occupation, family relationship, circumstances leading to each of the crimes of this case, and circumstances before and after the crime, etc. are considered as unfair.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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