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(영문) 의정부지방법원 2020.01.10 2019노1240
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 13 million won) of the lower court’s punishment (e., 13 million won) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). It is recognized that the Defendant led to the confession and reflect of the instant crime, the Defendant does not want the punishment against the Defendant by mutual consent with the victim, the degree of injury suffered by the victim is relatively heavy, and the Defendant is the first offender who has no record of criminal punishment for the previous crime.

However, the crime of this case was committed by a police officer while driving a vehicle with a blood alcohol content of 0.116% while the defendant was driving the vehicle, while disregarding his demand for stopping for drinking control, and there was considerable danger in light of the criminal history and method, etc. In light of the crime, the crime of this case was committed with heavy liability, and there was no change in special circumstances to change the sentence of the court below after the decision of the court below, and there is no other change in the sentencing of the same or similar case, the sentencing balance with the case of this case, the defendant's age, character and behavior, environment, the circumstances leading to the crime of this case, and the circumstances after the crime, etc., it is difficult to view that the court below's punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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