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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2013.06.19 2013노335
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (7 million won of fine) is too unreasonable in light of the following: (a) the summary of the grounds for appeal (e.g., the form of punishment) is against the Defendant.

2. It is recognized that the defendant shows the appearance of judgment against the defendant.

However, the crime of this case was committed by the Defendant without a driver's license, with a vehicle driven by the victim C, who was parked in B for the signal atmosphere while driving a vehicle under the influence of 0.115% alcohol concentration without a driver's license while driving the vehicle. The traffic accident of this case was solely attributable to the Defendant's unilateral negligence, and at the time, the Defendant was in high blood alcohol concentration for about two weeks. It is not good that the victim suffered injury, and the purpose of legislation of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes is to punish the driver who sustained injury or death while driving a vehicle in a situation where normal driving is impossible due to influence, such as drinking, and thus, it is necessary to determine strict punishment differently from the case of ordinary traffic accident. The Defendant's vehicle is admitted only to liability insurance, which does not sufficiently guarantee the victim's repayment, and it is also necessary to punish the Defendant with an endeavor to commit the crime of this case as well as to pay the victim's severe damage to the victim's environment.

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