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(영문) 춘천지방법원 2013.07.24 2013노358
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (one year of imprisonment) is too unreasonable.

2. We examine the judgment. The crime of this case was committed while driving under the influence of alcohol content of 0.113% and causing the death of the victim. In light of the content of the crime, the crime of this case was committed and the crime was committed very bad in view of the nature of the crime and crime. The crime of this case was committed by the defendant as it was found before about 20 meters that the victim was unable to properly refrain from crossing a point that fell short of about 3 meters from the crosswalk, and was negligent in the defendant's negligence. The defendant did not take any practical measures for recovery from damage up to the trial. The defendant did not take any practical measures for recovery from the victim's bereaved family, and the bereaved family did not want a severe punishment against the defendant. In addition, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime was committed, and the sentencing guidelines [the defendant's allegation that the crime of this case was committed during general traffic accident, the punishment of imprisonment with prison labor for one year to 3 years pursuant to the above provision of recommendation] is not reasonable.

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

[However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, the "2012." in the first sentence of criminal facts shall be corrected to "2013."

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