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(영문) 창원지방법원 2017.11.09 2017노2606

도로교통법위반(사고후미조치)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the accused acknowledges and reflects the crime, the degree of damage of the damaged vehicle is not serious, the occurrence of human life damage does not occur, the agreement with the victim was reached, the distance driven by the defendant is shorter than 100 meters, and the Defendant disposes of the vehicle driven by the defendant.

However, the Defendant had been sentenced to a one-time fine due to drinking driving, a fine for driving without a license and a one-time suspension of execution due to driving under drinking, and the Defendant was sentenced to a two-year suspended sentence on May 17, 2016 by the Changwon District Court for drinking and driving without a license on drinking, which was sentenced to a two-year suspended sentence on the grounds of imprisonment with prison labor for six months at the Changwon District Court, but was under the grace period, and the Defendant escaped without taking any measures to cause a traffic accident is not good in the nature of the crime. At the time, the Defendant’s blood alcohol concentration was considerably higher than 0.147%; the Defendant driven a vehicle without mandatory insurance; the Defendant driven a vehicle; the Defendant’s age, environment, sex, circumstances leading to the crime; and the circumstances before and after the crime, etc., the sentence of this case and the sentence imposed by the court below is too unfair.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.