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(영문) 대전지방법원 2016.06.22 2016노90

교통사고처리특례법위반등

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The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unreasonable.

2. A minor traffic accident in light of the degree of injury suffered by the victims and the circumstances of the accident or the degree of damage by a vehicle;

It can be recognized that the circumstances favorable to the defendant, such as the fact that the comprehensive insurance contract for the defendant's vehicle appears, the victims are expected to have been paid the insurance money and the damage is somewhat recovered.

However, the Defendant’s crime of this case is a traffic accident caused by driving under drinking, and its illegality and possibility of criticism are small.

At the time, the number of alcohol concentration in the blood of the defendant is also appropriate.

In addition, the defendant committed the crime of this case even though he had been punished several times due to traffic-related crimes.

Comprehensively taking account of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

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. It is so decided as per Disposition.