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(영문) 춘천지방법원 강릉지원 2021.01.21 2020노390
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and two months of imprisonment) is too unreasonable.

2. The Defendant recognized and reflected the instant crime.

The defendant's distance that was driven by drinking is relatively long, but the degree of injury inflicted on the victim by the accident of this case is not much serious.

It seems that the damage caused by the comprehensive motor vehicle insurance purchased by the defendant is recovered to some extent.

On the other hand, the Defendant committed the instant crime even though he was sentenced to imprisonment or a fine due to drinking driving.

When considering the fact that the defendant makes a repeated driving of drinking, the fact that the defendant causes a traffic accident while driving the drinking in this case, and the fact that the alcohol concentration level in blood during the blood at the time of the instant case is very high, the quality of the crime is not good.

In addition, considering the various sentencing conditions shown in the records and arguments, such as the defendant's age, sex, environment, and circumstances before and after the crime, the sentence against the defendant is too unreasonable.

3. In conclusion, 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. It is so decided as per Disposition.

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