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(영문) 창원지방법원 2015.04.23 2014노2960

교통사고처리특례법위반등

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The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (two months of imprisonment and two years of suspended execution) is too large, and community service hours ordered by the court below are difficult to perform under the working conditions of the defendant.

2. The fact that the defendant recognized a mistake and divided the defendant, agreed with the victim D, and other victims do not want to punish the defendant, and there are favorable circumstances such as the victim's degree of injury is easy and the defendant's economic difficulty.

However, in light of the fact that the defendant paid the accident of receiving signal-based vehicles while driving under the influence of alcohol with a high blood alcohol level of 0.141% without a driver's license, the fact that the defendant has been punished for driving under the influence of alcohol, has the record of causing traffic accidents in the course of driving without a license three times, and other various sentencing conditions in pleadings such as the defendant's age, character and behavior, environment, etc., it cannot be deemed that the sentence of the court below is too unreasonable, and the community service order ordered by the court below is also appropriate.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.