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(영문) 수원지방법원 2013.04.25 2013노1380

도로교통법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The defendant acknowledged the crime of this case as to the defendant's assertion of unfair sentencing, and stated that his mistake is against his will, and that he is not guilty, and that the amount equivalent to about 1/2 of the victim's house repair expenses is paid insurance money, but it is recognized that the defendant committed the crime of this case by drinking without a license again under the same year despite the revocation of his driver's license due to the crime of drinking or causing danger driving on March 15, 201, although he was sentenced to a summary order of a fine of up to 5 million won on the part of the victim C's house repair expenses, the defendant committed the crime of this case by drinking without a license. The victim's house of this case was the place where he resides in the family, and the vehicle of the victim who was on board the passenger due to the collision did not know about the degree of risk caused by the crime of this case, other than the above insurance money paid by the insurance company, the defendant's age, health and behavior, home environment, motive, motive and circumstance leading to the crime of this case, etc.

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

However, among the "Application of the Act and subordinate statutes", "Article 151 of the Act and subordinate statutes concerning the crime of 1.0" in the judgment of the court below shall be deleted as being overlapped, and "the choice of each imprisonment" in "the selection of the punishment of 1.0" in "the crime of violation of the Road Traffic Act" shall be corrected as a clerical error of "the choice of imprisonment without prison labor: the crime of the violation of the Road Traffic Act: the choice of imprisonment without prison labor: the crime of the violation of the Road Traffic Act: the latter part of "the latter part of "the latter part of Article 38 (1) 2 and the latter part of "the latter part