beta
(영문) 서울중앙지방법원 2016.01.28 2015노4530

교통사고처리특례법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (eight months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant reflects the crime of this case, that the victims of this case did not suffer damage due to the accident of this case, and that there was an agreement with the victims.

However, the Defendant may not take into account the fact that, even though there had been a history of criminal punishment twice, including a punishment sentenced to two times due to driving of alcohol, the Defendant was driving of the instant drinking, and the possibility that another victim may occur due to such repetitive crimes cannot be ruled out.

In full view of the aforementioned circumstances and circumstances, including the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime, and circumstances before and after the commission of the crime, even if all circumstances favorable to the Defendant were to be considered, the lower court’s punishment that reflects such circumstances is too unreasonable.

Defendant’s assertion is without merit.

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. It is so decided as per Disposition.