beta
(영문) 전주지방법원 2015.11.20 2015노1059

교통사고처리특례법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment for eight months, the suspension of execution for two years, the probation, the community service order 80 hours, the order of compliance driving lecture 40 hours) that the court below sentenced is too unreasonable.

2. The judgment of the defendant reflects the mistake while making a confession of the crime of this case, the defendant has no record of criminal punishment other than that sentenced once to a fine due to the crime of violating the Road Traffic Act in 2000, the defendant's vehicle is covered by comprehensive insurance, and the defendant's deposit of KRW 2 million for the victim is considered favorable to the defendant.

However, the Defendant is driving a cargo vehicle while under the influence of alcohol level of 0.098%.

In light of the substance of the crime, degree of injury, etc., the fact that the damage was caused to the victim by shocking the cargo vehicle driven by the victim who was directly involved in the central line due to the negligent negligence, and the fact that the damage has not yet been recovered properly, and all of the sentencing conditions in the pleadings of the instant case, including the Defendant’s age, character and conduct, family environment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.