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(영문) 서울북부지방법원 2016.09.30 2016노830

교통사고처리특례법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The penalty imposed by the original court (4 million won in penalty) on the summary of the reasons for appeal is too unreasonable;

2. Taking into account the fact that the defendant led to the confession of the crime of this case, even though the defendant had been sentenced to a fine for driving under the influence of alcohol in 2002, he had caused a traffic accident by driving on the day of this case. Since the police investigation conducted again after the police investigation, driving under the influence of alcohol again, and there is a need to strictly punish the defendant for the safety of the general public even for dangerous act that may pose a risk to a large number of unspecified people's life, in light of the circumstances, the sentencing of the court below is within the reasonable scope of its discretion.

In addition, there is no change in sentencing conditions that can be newly considered in the trial.

Therefore, it is not recognized that the sentence imposed by the court of original judgment is unfair because it is too large.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.