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(영문) 수원지방법원 2015.07.03 2015노3052

교통사고처리특례법위반등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable.

2. It is true that the defendant has conditions for sentencing favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflects depth, that the defendant agreed with the bereaved family members of the victim G and the victim H, that the vehicle operated by the defendant was covered by a comprehensive insurance policy, and that the insurance money of KRW 26,116,040 is paid to the victim D.

However, the defendant is driving a motor vehicle under the influence of alcohol concentration of 0.146%.

In causing traffic accidents, the victim D suffered injury in need of medical treatment for about 12 weeks, and the motor vehicle is driving in the condition of 0.217% alcohol concentration again in the blood alcohol concentration after 3 months.

In full view of the following circumstances: (a) resulting in the death of the victim G, who is the same passenger; (b) resulting in a traffic accident in which the victim H suffered a serious injury; and (c) the nature of the crime is extremely poor; and (d) other circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the lower court’

Therefore, the defendant and his defense counsel's above assertion of unfair sentencing is without merit.

3. If so, 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.