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(영문) 서울고등법원 2013.10.18 2013노2227
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below is too unreasonable in light of the fact that the defendant reflects his fault, etc.

2. The lower court sentenced the Defendant to the above punishment by comprehensively taking account of the circumstances favorable to the Defendant, including the fact that the Defendant’s mistake is against himself and the degree of damage is not severe, and that the Defendant was sentenced to a fine or a criminal punishment for suspended execution on at least nine occasions due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a violation of the Drinking Water Act due to drinking and a violation of the Road Traffic Act due to a non-licensed driving, etc., even before the instant crime was committed, and the Defendant was sentenced to a suspended sentence on December 16, 2011, but was sentenced to a fine on two occasions due to a non-licensed driving, etc., even though he was under the suspended sentence, and then was punished twice due to a non-licensed driving, etc., and thereafter, again, causes a traffic accident while driving a vehicle that was not covered by mandatory insurance, resulting in the victim’s personal and physical damage, and committed the instant crime in the course of the investigation of the traffic accident, and

In full view of all the factors of sentencing factors and sentencing considering the court below, the above sentence of the court below cannot be deemed unfair compared to the degree of the defendant's responsibility for action.

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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