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(영문) 수원지방법원 2016.04.27 2016노1150
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (ten months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The Defendant recognizes and reflects a crime.

It is necessary to dispose of a vehicle operated and prevent recidivism.

In the lower court, both the victims of traffic accidents and the victims of traffic accidents have agreed smoothly.

As such, there is a strong circumstance to be considered favorable to the defendant. However, the defendant not only has the same kind of power three times, but also has a short period of time between two months during the period of suspension of execution due to drinking or non-licensed driving, which is set forth in the judgment of the court below, for two times as stated in the facts constituting the crime in the judgment of the court below and three times without a license.

The above illegal driving and the occurrence of a traffic accident led to the occurrence of human injury.

As such, there is a person who is disadvantageous to the defendant.

In addition, in full view of all other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, the sentence of the lower court cannot be deemed to be unfair because it is too large. Therefore, the Defendant’s assertion is without merit.

3. 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 without merit. It is so decided as per Disposition.

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