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(영문) 인천지방법원 2020.05.15 2019노4462
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and six months) imposed by the court below is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In addition, there is no change in circumstances that may be considered in sentencing after the lower judgment, and the Defendant committed the instant crime under the influence of alcohol content 0.134% even though he had been punished for the crime of violating the Road Traffic Act on March 8, 2018. The Defendant committed the instant crime under the influence of alcohol content 0.134% even though he was under the influence of alcohol due to the instant traffic accident, and the Defendant did not receive any serious injury that requires 14 weeks, such as chesting, etc. due to the instant traffic accident, taking into account the various sentencing conditions as indicated in the instant records and arguments, considering the following factors, the sentence of the lower court is too unreasonable even if the Defendant asserts as the grounds for appeal, such as the fact that he/she should support the mother of a sick disease, and the victim was able to accept without compensation.

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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