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(영문) 의정부지방법원 2015.10.27 2015노2299
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to six months) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to the confession and reflect on the instant crime, and that the lower court agreed with the victim.

B. However, on October 2, 2013, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended sentence for driving under the influence of alcohol, etc., and the Defendant committed the instant crime during the period of suspended sentence, and in addition, there was a history of punishing a fine for driving under the influence of alcohol; the blood alcohol level was higher than 0.131%; the occurrence of a traffic accident due to driving under the influence of alcohol; and the injury to the victim was inflicted upon the victim; the lower court sentenced to the maximum sentence sentenced to a discretionary mitigation; and taking full account of various circumstances favorable to the Defendant, including the Defendant’s age, details of the crime, and the circumstances after the crime, etc., the sentence of the lower court is too unreasonable, even if considering the favorable circumstances of the Defendant as seen earlier.

C. 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 since it is without merit. It is so decided as per Disposition.

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