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(영문) 광주지방법원 2014.12.04 2014노2527
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment appears to have recognized and reflected the instant crime, the degree of injury of the victims is relatively minor, and the agreement between the victims and the investigation stage was reached, etc. However, the Defendant has already been punished four times due to drinking driving (three times a fine, one time a suspended sentence), and one time due to refusal to take alcohol measurement (one time a suspended sentence), and in particular, on August 18, 201, the Gwangju District Court was sentenced to three years of suspended sentence for six months due to drinking driving at the Seocheon Branch of the Gwangju District Court on August 15, 2011, and committed the instant crime even if the suspended period was determined and decided on October 15, 201, and the Defendant committed the instant crime. The Defendant’s blood alcohol concentration at the time of the instant accident reaches 0.173%, and in full view of all the sentencing conditions of the instant case, including the Defendant’s age, character and behavior, environment, the background and result of the instant crime, and the circumstances after the instant crime, etc., the Defendant’s assertion is unreasonable.

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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