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(영문) 서울북부지방법원 2019.03.29 2019노156
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court against the Defendant is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the judgment of the first instance court on the grounds of appeal, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant agreed with the bereaved family, and the victim’s direct private person died with a merger certificate while receiving a treatment for about eight days after the accident due to the hysium.

However, at the time of the accident, the blood alcohol concentration of the defendant was 0.127%, and the defendant is proceeding in violation of the signal.

In light of the shockion of the victim and the serious result of the victim's death caused by the accident of this case, the necessity to punish the defendant for severe punishment is recognized.

In addition, there is no new reason to consider the sentencing after the sentence of the lower judgment, and considering all the sentencing conditions as shown in the pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

[However, the latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981 of Dec. 18, 2018) (amended by Act No. 15981 of Dec. 18, 2018), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (amended by Act No. 15981 of Dec. 18, 2018), Article 148-2 (1) of the Road Traffic Act (amended by Act No. 15981 of Dec. 18, 201), Article 6 and 7 of the written judgment of the court below ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure.

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