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(영문) 춘천지방법원 강릉지원 2017.05.18 2016노609
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an order of community service order of two years and eight hours of suspended execution in August) is too unreasonable.

2. The circumstances favorable to the Defendant, such as the fact that the Defendant recognized the instant crime, the vehicle involved in the instant accident is subscribed to mutual aid, the fact that the victims do not wish to punish the Defendant, the Defendant did not have any record of criminal punishment, and the Defendant suffered injury due to the instant accident.

On the other hand, the crime of this case was committed by negligence committed by the defendant with a speed exceeding 50km per hour while under the influence of alcohol, and crashed into the Southern River site with a height of about 4 meters, causing an injury to the victims, and in light of the situation at the time of the accident, the degree of the injury actually suffered by the victims, etc., the degree of the injury actually was serious, and other various circumstances, which are the conditions for the sentencing of this case, such as the relation between the defendant and the victims, the age, sex, environment, motive, means and consequence of the crime of this case, and the conditions before and after the crime, are considered, it cannot be said that the sentence of the court below is too unreasonable.

Defendant’s assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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