beta
(영문) 창원지방법원 2014.10.02 2014노1792

교통사고처리특례법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the gist of the grounds for appeal is confessioned by and against the defendant, and that the vehicle of the defendant driving was covered by liability insurance, etc., the punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

2. Considering the circumstances alleged by the Defendant, each of the crimes of this case is deemed to have been committed by the victim D (hereinafter referred to as “victim”) by failing to enter the intersection while driving a vehicle under the influence of alcohol at least 0.107% even though the Defendant had already been under the influence of alcohol at least twice, and due to the negligence of entering the intersection by violating the signal, and thereby causing the victim to suffer a 11 thirm of the left-hand side of 3 weeks, and the case is not easy. In the past, the Defendant has been punished for violation of the Road Traffic Act (D) and the violation of the Road Traffic Act (one time of imprisonment, one time of suspension of the execution of imprisonment, and seven times of a fine). In particular, the Defendant was sentenced to imprisonment with prison labor at the Changwon District Court on November 19, 2010, and the Defendant again violated the Road Traffic Act and the Road Traffic Act (hereinafter referred to as “the Road Traffic Act”). The Defendant’s imprisonment with prison labor at least 20 years during the period of suspension of execution and its execution.