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(영문) 의정부지방법원 2015.12.29 2015노2953

교통사고처리특례법위반등

Text

The defendant's appeal is dismissed.

Reasons

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

2. Determination

A. It is recognized that the Defendant, who led to the instant crime, led to the confession and reflect of the instant crime, and the injury suffered by the victim is not serious.

B. However, in light of the following: (a) the Defendant has the same criminal power to commit the instant crime; (b) the Defendant was sentenced to imprisonment for 8 months on September 7, 2012; (c) the Defendant was sentenced to imprisonment for 2 years on August 27, 2013 on the grounds of the Road Traffic Act, etc. on September 7, 2012; and (d) the Defendant was sentenced to imprisonment for 6 months on the same crime during the grace period; (b) the Defendant committed the instant crime during the period of repeated crime; (c) the blood alcohol content at the time of driving of the instant case is very high to 0.257%; (d) the Defendant did not agree with the victim; (e) there was no special circumstance or change of circumstances that may be newly considered after the sentence of the lower judgment; and (e) the motive and background leading to the instant crime; (e) the conditions before and after the instant crime; and (e) other various sentencing conditions as shown in the pleadings of the instant case, the lower judgment’s punishment

C. Therefore, the defendant's above assertion is without merit.

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