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(영문) 대구고등법원 2013.03.28 2013노45
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. The judgment of the defendant recognized the crime and reflected the mistake.

In order to scrap a two-wheeled vehicle and not to drive it for drinking in the future.

The victim of the instant traffic accident agreed with the victim of the instant traffic accident.

The defendant is a disabled person of the fifth degree with physical disability.

Such circumstances are favorable to the defendant.

However, the defendant has been punished several times due to the crime of drinking and driving without a license (three times of drinking and three times of driving without a license).

In particular, in 2012, a two-year suspended sentence was sentenced to imprisonment for a crime of drinking and unlicensed driving in 6 months, and the crime of this case was committed while the above judgment was pending.

At the time of the instant case, the blood alcohol concentration level was higher than 0.246%, and the nature of the crime is not good due to traffic accidents.

These circumstances are disadvantageous to the defendant.

In full view of these circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the sentencing of the lower court is not deemed to be unfair because the sentencing of the lower court is too unreasonable.

3. 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 groundless.

However, the applicable column of the statute of the court below

1. Article 152 subparag. 1 of the Road Traffic Act is apparent that the “Road Traffic Act” is a clerical error under Article 154 subparag. 2 of the Road Traffic Act, and correction is made ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure as to the fact of crime.

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