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(영문) 의정부지방법원 2019.10.25 2019노2100
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of one year and two months of imprisonment sentenced by the court below is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized the facts charged in the instant case and reflected in depth his mistake, and that the defendant agreed smoothly with the victims in the course of the investigation.

However, the crime of this case is very poor in light of the defendant's blood alcohol concentration level and the degree of violation of duty of care for two weeks and three weeks when the defendant was driving under the influence of 0.225% of alcohol level after the city bus, and the victim of this case was injured by two weeks and three weeks after the city bus respectively, and the crime of this case is very poor in light of the defendant's blood alcohol concentration level and the degree of violation of duty of care. The drinking driving needs to be strict when considering the social danger and harm of the crime of threatening himself and others. The defendant repeated the crime of this case for the same kind of drinking and committed the crime of this case for six months around 2014, and was sentenced to imprisonment for the same crime of this case for eight months and around 2016, and again committed the crime of this case for the repeated crime of this case for the period of compliance with traffic regulations, and there is no special reason to change the sentence after the sentence of the court below, and there is no reason to recognize the defendant's age and circumstances, the circumstances of the defendant's occupation and circumstances, and circumstances, etc.

3. Conclusion

A. Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(b) In the trial of the public prosecutor, “20:5” in paragraph 2, from among the facts charged in the instant case, shall be deemed “20:33,” and “from the front of the I apartment road” shall be deemed “from the front of the D High School.”

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