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(영문) 부산지방법원 2016.08.19 2016노1659
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. It is recognized that the circumstances such as the Defendant’s deep reflects the instant crime, the agreement with the victim, and the Defendant’s imprisonment with prison labor suspended when he/she is sentenced to a suspended sentence during the period of suspension of execution on account of the instant crime are both harsh and harsh.

However, it is necessary to respect the judgment of the court below on the ground that there is no change in the sentencing conditions compared with the court below because new sentencing data are not submitted in the trial of the court below. The defendant was found to drive alcohol on August 27, 2015 without being aware of even during the suspension period, and thereafter caused traffic accidents again again on September 7, 2015, which had not yet been passed thereafter, and again, again, on September 7, 2015. The defendant was guilty of fines twice due to drinking by driving alcohol even in around 2011, the fact that the defendant had a high level of alcohol concentration in the blood of the defendant, as well as the details and result of the crime of the crime of this case, the circumstances after the crime of this case, the character and conduct of the defendant, the environment, and age of the defendant, and other various circumstances that are the conditions for the sentencing specified in the records and arguments of this case, the sentencing of the court below 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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