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(영문) 부산지방법원 2016.04.28 2016노428

교통사고처리특례법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The 8-month imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. At the time of the instant crime, the following should be taken into account: (a) the Defendant’s blood alcohol content reached 0.185% at the time of the instant crime; (b) the Defendant committed a traffic accident that causes injury to three persons; (c) the degree of injury caused by the instant traffic accident is not easy; (d) the Defendant did not reach an agreement with the victims; and (e) the Defendant was sentenced to suspended sentence of imprisonment for a crime related to driving under the influence of alcohol in 2012; and (e) the Defendant has been subject to punishment several times of driving under drinking

Considering the fact that the defendant's mistake and reflects the defendant's attitude, or the vehicle of the defendant's operation is covered by a comprehensive motor vehicle insurance, and other circumstances such as the defendant's age, sex, family relation, economic circumstances, etc., the punishment sentenced by the court below is heavy even if considering all circumstances such as the defendant's age, sex

shall not be deemed to exist.

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.