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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 청주지방법원 2014.07.03 2014노382
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. Although considering the circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized and reflected, the degree of injury suffered by the victim is not much serious, and the situation favorable to the defendant such as the agreement with the victim, driving under the influence of alcohol is highly likely to cause damage to the life and body of others as well as himself, so it is necessary to prevent driving under the influence of alcohol. The blood alcohol content of this case is considerably high as 0.154%, it is not limited to simple driving under the influence of alcohol, and the victim suffered injury by causing a traffic accident without simply driving under the influence of alcohol. The defendant can have the history of punishment for the same and similar criminal, and the defendant committed the crime of this case during the period of suspension of the execution of the same criminal act, taking into account all the following factors such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result of the crime, circumstance after the crime, etc., the court below's punishment is judged to be appropriate and it is not reasonable. Thus, the above defendant's assertion 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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