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(영문) 서울서부지방법원 2014.01.16 2013노1301
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment (six months of imprisonment) imposed on the accused by the court below is too unreasonable.

Judgment

The defendant is deemed to have been subject to punishment several times for the same kind of crime, even though he was sentenced to two years of suspension of execution on March 7, 2013 due to the crime of violation of the Road Traffic Act, and again commits each of the crimes of this case, even though he was under suspension of execution on March 7, 2013, the defendant was driving under the influence of 0.164% of blood alcohol concentration and was driving under the influence of 0.164% and was receiving the victim's taxi. The statutory punishment for the crime of violation of the Road Traffic Act among each of the crimes of this case is stipulated as imprisonment for not less than one year but not more than three years, or a fine not less than five million won and not more than one million won and not more than one million won, and since the defendant, who is disqualified for suspension of execution, was sentenced to imprisonment for each of the crimes of this case, not more than the minimum sentence of imprisonment for the defendant, the court below's allegation that the defendant is subject to punishment of unfair sentencing, including the sentence of this case, is unreasonable.

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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