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(영문) 대구고등법원 2013.04.25 2012노512

도로교통법위반(사고후미조치)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of the original court (the imprisonment for eight months and the suspension of execution for two years, the community service work with 160 hours and the order to attend a lecture for forty hours) is too unreasonable; and

2. The circumstances favorable to the Defendant, such as the fact that the Defendant recognized his criminal act and reflected the mistake, that only minor physical damage occurred due to the instant traffic accident, and that there was no personal damage, and that there was an agreement with the victim.

On the other hand, even though the defendant was sentenced to a fine of 2 million won due to drinking driving on November 7, 201, he/she caused a traffic accident while driving under the influence of alcohol for more than one year.

The blood alcohol concentration level at the time of driving under the influence of alcohol in this case is 0.165% high.

These circumstances are disadvantageous to the defendant.

In addition to this point, the sentence of the court below is too unreasonable in light of various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, and circumstances after the crime, etc.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.