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(영문) 대구지방법원 2017.01.19 2016노2616
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (the imprisonment for six months, the suspension of execution for two years, the order to attend an education for alcohol treatment for 80 hours, and the order to attend an education for compliance driving for 40 hours) is too unreasonable.

2. On the other hand, the Defendant recognized the facts charged and reflected in the indictment, and the degree of injury to the victim due to the instant accident is not severe, and upon agreement with the victim, he does not want the punishment of the Defendant.

However, among the blood of this case, alcohol concentration is considerably high as 0.161%, and the nature of the crime is very bad by driving in an uninsurance state, and the defendant has already been punished once due to non-insurance drinking driving.

In addition, comprehensively taking account of the various circumstances, such as the defendant's age, environment, sex, and circumstances after the crime, the sentence of the court below is not recognized as being unfair due to the failure of the defendant's punishment.

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

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