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(영문) 서울남부지방법원 2014.02.06 2013노2158
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment of the court below (eight months of imprisonment) is too unreasonable.

It is recognized that there are two young children who are against the defendant's mistake, their wife and two children, and the vehicle of the defendant is covered by the comprehensive motor vehicle insurance.

However, taking account of the following factors: (a) the Defendant driven a blood alcohol concentration of 0.240%, the drinking driving is a very dangerous act that may cause a traffic accident and bring about a serious thought; (b) the Defendant was unable to normally operate the brake, resulting in the instant traffic accident; (c) in light of the degree of damage to the Defendant and the victim’s vehicle; (d) six persons were injured due to the instant traffic accident; (c) the victims did not reach an individual agreement; (d) the Defendant committed the instant crime during the period of repeated offense; and (e) the Defendant committed the instant crime during the period of repeated offense; and (e) other various sentencing conditions as shown in the instant argument, such as the method, background, circumstances after the commission of the instant crime; and (e) the Defendant’s age and character, etc., the Defendant’s assertion is without merit, and thus, is not recognized to be unreasonable.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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