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(영문) 대구고등법원 2013.06.13 2013노17
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of fine) is too unreasonable.

2. The Defendant is an initial criminal who had no previous criminal record.

The defendant recognized his criminal act, thereby opposing the wrongness.

The degree of injury of victims caused by the crime of this case is not severe, and the victim D does not want to punish the defendant.

It seems that the victims who suffered from the injury due to the passenger car driven by the defendant covered by a comprehensive insurance policy have been compensated by the insurance company.

It is difficult to economically support the Defendant’s obligation to lend a million won to a financial institution.

These circumstances are favorable to the defendant.

However, the crime of this case is not that of causing a traffic accident while driving under the influence of alcohol by the defendant, resulting in an injury to three victims, and the quality of such crime is not minor.

The blood alcohol concentration level at the time of the drinking driving of this case is 0.206% high.

These circumstances are disadvantageous to the defendant.

In addition, considering the various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

3. 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.

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