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(영문) 대전지방법원 2013.06.12 2013노521
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

The judgment below

The application of the third-party statute is in the range of paragraphs 2 and 3.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. The sentence of the court below (eight months of imprisonment) is too unreasonable in light of the fact that the defendant is against the defendant and is scheduled to agree with the victims, etc.

B. In light of the fact that the prosecutor's defendant could have been identical to that of the defendant, the sentence of the court below (or imprisonment with prison labor for 10 months) is too unhued and unfair.

2. The judgment of the defendant is against the victim D of the traffic accident of this case, when it comes to the trial, there are favorable circumstances for the defendant, such as the fact that the defendant agreed with the victim D of the traffic accident of this case, deposited 50,000 won to the victim F, and the defendant's vehicle is covered by the comprehensive motor vehicle insurance. However, the crime of this case is committed under the circumstance that the defendant is under the influence of alcohol concentration 0.158% while driving a vehicle while driving a Cpoter cargo under the circumstances that it is difficult for him to drive normally, and thereby, the victim D's vehicle was under the influence of driving a vehicle of the same kind for about 2 weeks by getting the victim D's vehicle under the influence of driving again, and thereby, the victim D's vehicle was under the influence of treatment for about 0 and 00 weeks for each of the victims D's vehicles under the influence of the victim D's vehicle again at the same time. The traffic accident of this case was under the influence of the defendant's unilateral negligence and thus, the defendant was under the same 20-year punishment for death.

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