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(영문) 수원지방법원 2018.09.19 2018노4921
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances are favorable to the fact that the Defendant’s mistake is divided and reflected, the Defendant’s failure to repeat a crime, the degree of injury of the victim is not serious, and the Defendant’s vehicle was covered by liability insurance, thereby partly recovering from damage.

However, the Defendant suffered injury to the victim due to a traffic accident caused by gross negligence of drinking driving, the Defendant’s blood alcohol concentration is considerably high, the Defendant’s repeated crime committed several times of punishment including imprisonment with prison labor due to drinking driving, the Defendant did not reach an agreement with the victim until now, and the lower court appears to have taken into account the circumstances favorable to the Defendant at the lower court, and there is no change in circumstances or circumstances that may be considered newly following the pronouncement of the lower judgment, and in full view of all the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, the background and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the Defendant’s punishment is too heavy, or is deemed unfair as it is difficult for the Defendant and the prosecutor’s aforementioned assertion are without merit.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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