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(영문) 제주지방법원 2021.01.14 2020노820
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

Although the Defendant appealed on the ground that the Defendant’s punishment (ten months of imprisonment) was too excessive and unfair, in light of all the sentencing conditions indicated in the records and changes of the instant case, including the following: (a) the Defendant’s figure of alcohol level during blood measured by the Defendant at the time of each of the instant crimes, is considerably high by 0.138%; (b) the Defendant’s distance of driving under drinking is considerably high; and (c) the Defendant committed each of the instant crimes without being aware of the violation of the Special Act on the Settlement of Traffic Accidents (Bodily Injury); and (d) the Defendant committed each of the instant crimes in violation of the Road Traffic Act (unlicensed Driving) and without being aware of the fact that the Defendant committed each of the instant crimes during the repeated period; (b) even if considering that the Defendant agreed with the victim and the victim did not want to be punished against the Defendant, it is not recognized that the sentence imposed by the lower court

Since the appeal by the defendant is groundless, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the ex officio deletion of the 3th page of the original judgment shall be corrected by correcting that the 10th page of the original judgment is deleted.

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