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(영문) 광주지방법원 2016.07.14 2016노898
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one hundred months of imprisonment) is too unreasonable.

2. The fact that the judgment defendant agreed with the victims is favorable to the defendant.

On the other hand, the following is disadvantageous.

The crime of this case is very likely to cause serious injury to three victims while driving a truck under the influence of alcohol without a driver's license while it is difficult for the defendant to drive the truck normally.

Prior to the instant case, the Defendant had been punished several times due to drinking driving and driving without a license, and was released from prison labor due to the most recent same kind of crime (driving driving and driving without a license) and again committed the instant crime even during the period of repeated crime.

At the time of the instant case, the alcohol concentration of the Defendant’s blood was very high to 0.153%.

In light of the criminal history and the tendency of drinking, the defendant has repeated driving of drinking and non-licensed driving without any awareness of any particular crime, and it is also highly likely that the risk is high.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, 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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