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(영문) 서울고등법원 (춘천) 2013.07.03 2013노87
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below reflects the defendant's mistake in depth with regard to the crime of this case, and it appears that the defendant's vehicle is covered by a comprehensive insurance and thus the victims are compensated for some damage. However, the crime of this case causes a traffic accident while driving under the influence of alcohol 0.150%, resulting in injury to one of the victims and death to one of the victims. The degree of damage is very serious, the victim's bereaved family members are subject to severe punishment, the defendant has already been punished for the same kind of crime, and all of the sentencing conditions indicated in the arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence, etc., after considering all of the sentencing conditions indicated in the arguments of this case, it is recognized that the punishment of the court below is appropriate and it cannot be deemed unfair since it is inappropriate. Thus, the defendant's assertion cannot be accepted.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal. It is so decided as per Disposition.

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