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(영문) 대구고등법원 2013.03.14 2012노813
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (one year and six months of imprisonment) shall be too unlimited and unfair; and

2. The circumstances are favorable to the defendant, such as the fact that the defendant's mistake is divided into one another and the defendant's family members and other persons wish to take the defendant's wife several times, that the defendant has no criminal records of driving under the suspension of execution or higher, and that the defendant deposited 30 million won for his/her bereaved family members, etc.

However, even though the Defendant was punished for drunk driving on February 9, 2012, the Defendant had not long been punished, and caused the instant accident to cause the death of the victim while driving again.

This led to a large number of sufferings and pains which could not be recovered to the bereaved families, and the bereaved families have failed to receive a letter from the bereaved families.

The blood alcohol concentration at the time of the instant case is considerably high to 0.201%.

All these circumstances are disadvantageous to the defendant.

In addition to this point, the sentence of the court below is too unreasonable in light of various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, and circumstances after the crime, etc.

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

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