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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2016.11.04 2016노1648
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., in a case where the Defendant recognized the instant crime and reflects his mistake, and the instant vehicle involved in the instant accident appears to have been covered by a comprehensive insurance policy and thus has been recovered from damage to the victims, the punishment imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, the following facts are considered: ① the Defendant has already been punished for drunk driving five times or more, and once again, the Defendant has driven a drunk driving (0.104% of blood alcohol concentration) as stated in the facts constituting a crime of 2016Kadan1402 as indicated in the lower judgment; ② The Defendant, even though he was under control while driving under influence, once again 7 hours or 7 hours after he was under control, was driving under influence (0.105% of blood alcohol concentration) as stated in the facts constituting a crime of 2016Kadan2609 as indicated in the lower judgment; ③ the Defendant has inflicted an injury on two occasions after driving under influence (0.105% of blood alcohol concentration) as well as the attitude of disregarding the legal order; ③ As such, it is doubtful whether the Defendant’s reflection of alcohol driving is true or true; ④ The Defendant’s act of driving under influence may be strictly punished with respect to the Defendant’s various circumstances, including the Defendant’s motive and condition of drinking driving under consideration.

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