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(영문) 대전지방법원 2013.12.27 2013노2283
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. In light of all the circumstances, including the fact that the defendant is against whom the summary of the grounds for appeal (e.g., imprisonment with labor for eight months) is against the defendant, the punishment sentenced by the court below is too unreasonable.

2. The crime of this case is committed by the defendant under the influence of alcohol content 0.181% while driving a motor vehicle under the influence of normal driving due to the negligence of the victim D (30 years of age) who was under the direct control of the victim D (30 years of age) who was driving the motor vehicle due to the negligence of violating the signal while driving the motor vehicle while driving the motor vehicle. The victim suffered injury, such as culp dump dump which requires treatment for about two weeks in front of the left side of the motor vehicle driving the motor vehicle. The traffic accident of this case is solely due to the defendant's unilateral negligence, which is highly likely to be criticized by the defendant. At the time, the traffic accident of this case is caused by the defendant's unilateral negligence, which is highly likely to be subject to high level of alcohol alcohol concentration; the act of drinking alcohol should be strictly prohibited to observe the order of road traffic and the safety of traffic congested; the defendant is deemed to have been subject to strict punishment for the act of violation in order to observe it; and the defendant did not have been punished by a total force of punishment.

However, in full view of all the circumstances indicated in the record, including the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, the lower court’s punishment is somewhat unreasonable, since it is recognized that the Defendant’s punishment is somewhat inappropriate, inasmuch as it is recognized that the Defendant’s punishment is somewhat inappropriate.

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