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(영문) 서울중앙지방법원 2014.05.29 2014노1251
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant subscribed to a comprehensive insurance, and deposited KRW 1,00,000,000, and the accident of this case is insignificant, the punishment of the court below (two months of imprisonment and two years of suspended execution, community service, and 80 hours of attending a compliance driving course) is too unreasonable.

2. In full view of the following factors: (a) the blood alcohol concentration in the instant case is very high; (b) traffic accidents occurred at the time of the occurrence of traffic accidents; (c) the Defendant was punished by a fine due to a drunk driving; (d) the lower court is deemed to have already been determined by considering the circumstances alleged by the Defendant; and (e) the Defendant’s age, character and conduct, the environment, the circumstances and consequence of the instant crime; and (e) all of the sentencing conditions specified in the instant pleadings, including the circumstances after the instant crime, the lower court’s punishment is too unreasonable even if

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition.

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