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(영문) 대구지방법원 2016.04.14 2016노412
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The Defendant is against the Defendant’s confession of the facts charged, and the driving distance is not approximately about 500 meters.

However, the Defendant committed the instant crime during the period of suspension of execution due to the violation of the Fishery Resources Management Act, and the degree of injury to the victim due to the instant accident, and the Defendant’s blood alcohol concentration is considerably high by 0.195%.

In addition, the defendant does not seem to have made efforts to recover the damage of the victim, and the defendant has been punished by drinking or driving without a license.

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 absence of the sentence of the court below.

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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