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(영문) 부산지방법원 2017.10.24 2017노1776
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of one year and two months suspended execution, the community service work 120 hours, and the participation in compliance driving 40 hours) is too unreasonable.

2. The judgment is recognized that the defendant led to the confession of all crimes, and his mistake is pened, the vehicle has been covered by the comprehensive motor vehicle insurance, and the victim has reached an agreement with C.

However, the crime of this case is deemed to inflict injury on the victims by shocking the victim's vehicle waiting for a signal signal while driving alcohol, and the responsibility for the crime is heavy, the defendant has been sentenced to a fine on several occasions, has the record of being punished several times for the same crime, and the degree of alcohol in blood is very high, and the victim E and F did not agree with the victim, and there is no change of circumstances that may otherwise determine the age, sex, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., in consideration of all sentencing conditions as shown in the argument of this case, such as the court below's age and punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and it is so decided as per Disposition (Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes). However, since it is obvious that the judgment of the court below, “former” was omitted from the second column for the application of the Act on the Aggravated Punishment, etc. of Specific Crimes, it is corrected to add it ex officio in accordance with Article 25(1) of the Rules on

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