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(영문) 수원지방법원 2017.11.10 2017노5977
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment is that the defendant repents his mistake and reflects his mistake, that the defendant agreed with the victim only smoothly, and the degree of injury of the victim is relatively minor.

It appears that it is favorable to the defendant.

On the other hand, after driving a vehicle under drinking or unlicensed license, the police officer dispatched to the site caused a traffic accident that causes injury to the victim by neglecting the center line of the drid, which is caused by the negligence of driving the window, and the nature of the crime is not easy, there has been a history of punishment for the same crime several times, and in particular, each crime of this case was committed during the probation period due to the crime of violation of the Road Traffic Act (driving).

In addition, when considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, motive for the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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