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(영문) 울산지방법원 2018.01.18 2017노1433
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Circumstances favorable to judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect the crime of this case.

In the investigation stage, the victim does not want to be punished against the defendant by agreement with the victim.

The degree of injury suffered by the victim of a traffic accident is relatively minor.

D. Unfavorable circumstances: The instant crime was committed by the Defendant, while under the influence of alcohol 0.141%, resulting in a traffic accident involving the victim’s bodily injury requiring approximately two weeks medical treatment. As such, the nature of the instant crime is not negligible.

On May 4, 2016, the Defendant committed the instant crime without being aware of the fact that the judgment became final and conclusive on May 12, 2016, and became final and conclusive on May 12, 2016.

The defendant has been punished three times for a fine due to drinking driving.

The defendants' age and character environment, including the above favorable circumstances, the relation to the victims, the motive means of crime, the circumstances after the crime, etc. of this case, and the conditions of sentencing and the scope of recommended punishment according to the sentencing guidelines, including the above favorable circumstances, unfavorable circumstances (a more than six months of imprisonment);

(a) Crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes [the scope of recommending punishment] traffic accidents in general traffic accidents in the area where the mitigation area (one month to eight months) is mitigated (special sentencing factors): Where a minor injury occurs, where a minor injury occurs, or where a person drives drinking, etc.

B. At least one month of the final sentence scope due to the aggravation of multiple offenses (at least one month of the sentencing criteria for the violation of road traffic laws (drinking driving) without the sentencing criteria are concurrent offenses under the former part of Article 37 of the Criminal Act, compliance with the lower limit of the right higher punishment);

(c) for not less than six months of the revised sentencing (the final sentencing range);

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