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(영문) 청주지방법원 2014.04.17 2012노891

교통사고처리특례법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. The judgment of the court below states that the defendant recognized the crime of this case and expressed that it was difficult for the defendant to live due to the existence of alcohol at the time of the crime of this case, and there are circumstances to consider such circumstances as currently hospitalized in a hospital and being treated related thereto, being covered by a comprehensive insurance, and the victim did not want the punishment of the defendant. However, considering such circumstances, the court below seems to have sentenced the defendant a fine. Since drinking driving is a dangerous crime that may cause damage not only to himself but also another person's life and body, there is a need to eradicate it strictly. In fact, the defendant actually caused the traffic accident of this case while driving a drinking, and the victim suffered injury requiring approximately three weeks medical treatment. The blood alcohol concentration of this case is considerably high as 0.135%, and the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, and various records and arguments after the crime, the judgment of the court below is too inappropriate and it is not reasonable to find the defendant's assertion unreasonable.

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.