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(영문) 의정부지방법원 2014.03.14 2013노2605

교통사고처리특례법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is acknowledged that the defendant led to the confession of the crime of this case, the victim's injury is relatively low, and the victim's injury is covered by a comprehensive insurance, but the defendant has been punished several times due to the same crime, such as 4 times of a fine due to drunk driving, one time of suspended sentence of imprisonment, and two times of a sentence, and the defendant committed the crime of this case again during the period of repeated crime due to the same crime, and considering that the blood alcohol concentration of the defendant at the time of the crime of this case was considerably high by 0.191%, the crime of this case constitutes a case where the Road Traffic Act is heavily punished by driving under the influence of alcohol at least two times after the defendant committed the crime of this case. The court below's decision of the court below that the defendant sentenced the maximum sentence by reducing the amount after choosing imprisonment, and the defendant's age, character and behavior, the circumstances leading to the crime of this case, details and circumstances after the crime of this case, it cannot be justified in light of the above circumstances.

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