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(영문) 대구지방법원 2016.11.24 2016노4025
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. On the other hand, the Defendant recognized the facts charged and reflected in the indictment, and the degree of injury to the victim due to the instant accident is not severe, and upon agreement with the victim, he does not want the punishment of the Defendant.

However, the Defendant committed the instant crime during the period of repeated crimes due to driving without a license for alcohol, and blood alcohol concentration is considerably high as 0.135%, and the Defendant has already been punished six times due to drunk driving (including once a type), two times due to traffic accidents, and one time due to an accident.

In addition, comprehensively taking account of various circumstances, such as the Defendant’s age, environment, character and conduct, and circumstances after committing the crime, the lower court’s sentence is not deemed unreasonable.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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