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(영문) 청주지방법원 2014.04.24 2014노51
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 million won of a fine) is too unreasonable.

2. The circumstances may be taken into account such as the fact that the defendant recognized the crime of this case and reflects the fact that it is not good for the defendant, that there is no record of punishment for the same kind of crime, that there is no comprehensive insurance coverage, etc. However, considering such circumstances, the court below seems to have set a statutory punishment within the scope of discretionary mitigation once, considering such circumstances. Since drinking driving is a dangerous crime that may cause damage not only to himself but also another person's life and body, there is a need for strict punishment. The blood alcohol concentration in this case is higher than 0.109%, and the defendant was driving more than 60 km speed per hour. The victim caused the accident of this case while driving more than 32 km at a speed of 60 km, and the victim suffered brain salins, etc. requiring medical treatment, and the degree of such injury is not less easily, and the defendant's age, character and conduct, circumstances, motive and circumstances of the crime, the motive and consequence of the crime, the record and circumstances of the defendant's oral argument are inappropriate.

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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