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(영문) 대구지방법원 2018.12.14 2018노3824
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. Determination is recognized that the defendant recognized the crime of this case and reflects the fact that the defendant's bereaved family members do not want the punishment of the defendant, that the victim's bereaved family members do not want such punishment, that the defendant has no record of punishment, that there are family members to support the defendant, and that the victim who was unauthorized crossing at the time of this case is also responsible for the occurrence of the accident of this case.

However, the crime of this case is found to have been committed by the Defendant without taking necessary measures despite causing a traffic accident while driving under the influence of alcohol. The nature of the crime is very bad, the defendant's negligence is serious in the occurrence of the accident of this case, and the serious result of the death of the victim occurred due to the crime of this case. At the time of this case, the alcohol concentration in the blood of the Defendant at the time of this case is relatively high to 0.101%.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court 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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