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(영문) 수원지방법원 2017.01.20 2016노3626

도로교통법위반(사고후미조치)등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. Determination is a condition for sentencing favorable to the defendant, such as the fact that the defendant first recognized the crime of this case as a principal offender and is against the law, and that the defendant agreed smoothly with the victim of the violation of the Road Traffic Act (not after the accident).

However, in full view of the following circumstances: (a) the instant crime committed while driving while under the influence of alcohol by the Defendant without taking any measures and without causing any traffic accident; (b) the quality of the crime is not less and less than that of the Defendant’s blood alcohol concentration (0.115%) and (c) the distance (5 km) driving without lowering the amount of alcohol content (0.15%) of the Defendant’s blood relative; (d) equity in sentencing with the same similar case; and (e) the Defendant’s age, sex behavior, environment, family relationship, etc.; and (e) the conditions for sentencing specified in the instant case, such as the Defendant’s age, sex, family relationship, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant

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.