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(영문) 대전지방법원 2016.07.20 2016노397
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unreasonable.

2. Determination that the Defendant was aware of all of the instant crimes, and that the victim recovered most of the damage as comprehensive insurance was purchased on the vehicle driven by the Defendant.

Circumstances such as visible points are recognized.

However, at the time of the instant traffic accident, the Defendant’s blood alcohol concentration level was somewhat high, the distance from driving under the influence of alcohol is not short, and the Defendant caused the instant traffic accident by neglecting her duty of care while driving under the influence of alcohol. The Defendant was a very significant traffic accident in light of the degree of violation of the duty of care and the state of damaged vehicles and the degree of shock.

It appears that the vehicle driven by the victim was scrapped due to the instant traffic accident, and the victim also has considerable damage such as causing heavy injury, and the defendant's liability is not easy.

Comprehensively taking account of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

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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