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(영문) 서울고등법원 2013.04.18 2013노484

교통사고처리특례법위반등

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. Determination is a condition for sentencing favorable to the defendant, such as the fact that the defendant is breaking his mistake in depth in this court, that the victim does not want to be punished against the defendant, and that the mother and female-child group of the defendant want to have the defendant's wife against the defendant.

However, the crime of this case was committed with the past history of punishment for drinking driving, and the defendant who committed other crimes committed an imprisonment with prison labor, causing a traffic accident again within one year after the execution of imprisonment with prison labor was completed without being able to do so, and causing bodily injury to his passengers. The defendant's blood alcohol concentration reaches 0.148%, and the degree of his blood alcohol level exceeded 0.148%, and there are no circumstances to consider the motive of his drinking driving, and there are no other circumstances to consider the motive of his drinking driving. In full view of all the circumstances such as the defendant's age, character and behavior, intelligence, environment, and after the crime, the sentence of the court below cannot be deemed to be unfair because it is too inappropriate.

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.