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(영문) 대전지방법원 2015.07.09 2015노667
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

All the defendant and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (two years of imprisonment) by the lower court is too unreasonable.

B. The court below’s sentence (e.g., e., e., g., e., e.,

2. The instant crime was committed by the Defendant while driving a vehicle while drinking alcohol, resulting in the death of the victim. In light of the Defendant’s negligence degree and the result of the instant crime, the liability for the instant crime was grave, and the blood alcohol concentration was considerably higher than 0.162% at the time of the instant crime, and the Defendant was unable to agree with the bereaved family members, and the bereaved family members of the victim wanted to punish the Defendant’s severe punishment.

However, there are extenuating circumstances such as the defendant's remaining young children of the 20th century, who has no record of criminal punishment, the defendant deposited a total of KRW 15 million for the victim's bereaved families in the court below and the court below, the vehicle operated by the defendant is covered by a comprehensive insurance, the defendant's father and his son wanted to take advantage of the defendant's age, character and behavior, environment, motive, means and consequence, various sentencing conditions such as the defendant's age, character and behavior, environment, motive, means and consequence after the crime, the traffic accident range according to the sentencing guidelines of the Supreme Court of Korea Sentencing Commission for the crime of this case, the traffic accident category 2 (traffic accident death) general traffic accident category, the special sponser (the illegality of the proviso of Article 3 (2) of the School Special Act), the decision (the field of recommendation), the scope of sentencing (the scope of sentencing) and the scope of sentencing (the 1 year to 3 years Road Traffic Act).

In full view of these factors, it is not recognized that the sentence of the court below is too weak or unreasonable to the extent that it can be reversed.

3. The Defendant and the prosecutor’s appeal are without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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