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(영문) 대구지방법원 2017.11.02 2017노3944
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment of the court below (one year of imprisonment) with respect to the summary of the grounds for appeal is too unfasible, and the prosecutor is too unfased and unfair.

2. Determination is a favorable condition for the following: (a) the Defendant recognized the facts charged; (b) there was no previous conviction other than fines; (c) the Defendant was not punished by the Defendant’s bereaved family members by mutual consent with each of the bereaved family members; and (d) the driving vehicle is covered by the comprehensive motor vehicle insurance.

On the other hand, in this case, the Defendant caused the central crime of invasion while driving alcohol and caused the death of two victims.

The negligence of the defendant and the results are very important.

This is disadvantageous to the defendant.

In full view of the above circumstances, such as the defendant's age, sex, environment, circumstances leading to the crime, circumstances after the crime, etc., and the conditions of sentencing as indicated in the records, such as the sentencing conditions indicated in the records, including the circumstances after the crime, and the first instance court where there is no change in the conditions of sentencing compared with the court of first instance, and where the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), etc., the sentence imposed by the court below is deemed appropriate, and it is not deemed unfair because the sentence imposed by the defendant is too heavy or unab

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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