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(영문) 수원지방법원 2018.11.28 2018노4606
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unreasonable.

2. The judgment of the Defendant caused a traffic accident twice while driving a second alcohol even though the Defendant had a previous conviction of drinking, and the driving of drinking is likely to cause a significant harm to an unspecified person. The Defendant actually caused a traffic accident and the risk thereof is realized. The Defendant’s blood alcohol concentration in the Defendant’s blood at the time of the instant crime is 0.180%, and the degree of his driving is disadvantageous to the Defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant recognized his mistake and reflects his depth, the degree of injury of the victims, and the fact that the vehicle of this case was covered by a comprehensive insurance, and the victim did not want punishment for the defendant by agreement with the victims.

In addition, considering the Defendant’s age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy or is not unreasonable because it is too heavy. Therefore, the Defendant and the prosecutor’s assertion are without merit.

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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