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(영문) 광주지방법원 2013.06.05 2013노749
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below is found to have caused the instant accident, although the Defendant was sentenced to a fine of KRW 2 million due to the crime of violating the Road Traffic Act on August 14, 2012, when he was under the influence of alcohol level of KRW 0.146%, by making the left-hand turn to the left-hand turn in the zone where the driving is under the influence of alcohol level of KRW 4 months, and the Defendant has been sentenced to a fine of KRW 2 million, not later than three times for the crime of violation of the Road Traffic Act, not less than two times for the previous convictions, two times for suspension of sentence, two times for the crime of this kind, and seven times for the previous convictions, and the vehicle driven by the Defendant was covered by the negligence of the Defendant and the negligence of the victim B, the court below did not find that the Defendant did not reach an agreement with the victims of the instant accident, considering the following circumstances: the Defendant’s argument that the Defendant did not have any special reasons to the extent that it did not reach the age of the victims.

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

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