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(영문) 청주지방법원 2018.07.19 2018노30
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment, three years of suspended execution, three years of protection observation, 40 hours of lecture course of compliance driving, community service 240 hours) is too unreasonable.

2. The court below sentenced the above punishment to the defendant on the ground that the sentencing as stated in its holding was significant, and considering the following factors: the defendant shown a attitude against the defendant while facing the crime of this case; the defendant's health conditions were not improved due to the depression of the heart and the depression of the heart, etc.; and the defendant's assertion of sentencing favorable to the judgment of the court (65 pages of the evidence record) such as the fact that the defendant is a beneficiary of comprehensive motor vehicle insurance (65 pages of the evidence record) and the defendant's assertion of sentencing favorable to the judgment of the court is likely to have sufficiently taken into account when determining the punishment in the court below; and the defendant's failure to take advantage of the fact that the defendant was sentenced to criminal punishment for the crime of drinking traffic accidents by the victims, the sentencing judgment of the court below is too excessive and it exceeded the reasonable scope of discretion.

shall not be appointed by a person.

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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