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(영문) 대구지방법원 2018.07.19 2018노558
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the sentencing of the court below (7 million won in penalty) is too unfasible to the summary of the grounds for appeal, and the prosecutor is too unfased and unfair.

2. The Defendant, while driving a drinking without a license, caused a traffic accident to cause the victim to suffer a necessary injury for seven weeks of medical treatment.

At that time, the alcohol level of the defendant's blood exceeds 0.1%.

On the other hand, a marine vehicle is covered by a comprehensive automobile insurance, and the defendant agreed with the victim.

In full view of the various circumstances, including the above circumstances, including the 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, the sentencing of the lower court is not unfair.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act.

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