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(영문) 대구고등법원 2013.05.16 2012노28
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (one year of imprisonment) shall be too unreasonable as to the summary of the grounds for appeal.

2. The circumstances are favorable to the Defendant, such as the fact that the Defendant’s mistake was divided and reflected, the Defendant did not have any criminal record, the bereaved family members of the victim received insurance money through a comprehensive insurance that the victim joined, the Defendant deposited 13010,000 won for the bereaved family members, and some of the causes attributable to the victim in the course of the occurrence of the accident are visible.

However, the Defendant caused the instant accident while driving under the influence of alcohol concentration of 0.236% and caused the death of the victim. Since drinking water is considerably high and the result of driving under the influence of alcohol is serious, it is highly likely to criticize the instant crime.

The defendant has not yet received a letter from the bereaved family members of the victim, and the bereaved family members of the victim want to be punished with severe punishment.

These circumstances are disadvantageous to the defendant.

In addition to this point, the sentence of the court below is too unreasonable in light of various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, and circumstances after the crime, etc.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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