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(영문) 대구고등법원 2013.05.30 2012노736

교통사고처리특례법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of fine) is too unreasonable.

2. The Defendant acknowledges all of the crimes, and reflects the wrongness.

The crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents was fully agreed with the victim.

The defendant suffers from disease such as melting and high blood pressure.

These circumstances are favorable to the defendant.

However, the defendant has been sentenced to a fine due to drinking driving.

The blood alcohol concentration of this case is very high to 0.220%.

In the course of the crime of drinking driving of this case, the victim injured the victim by causing a traffic accident.

These circumstances are disadvantageous to the defendant.

In full view of these circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the sentencing of the lower court is not deemed to be unfair because the sentencing of the lower court is too unreasonable.

3. 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.