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(영문) 청주지방법원 2014.07.04 2014노380

교통사고처리특례법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The circumstances favorable to the Defendant include the following: (a) the Defendant’s recognition of all of the instant crimes and the recognition of all of the instant crimes; (b) the scrapping and re-driving of the instant vehicle; and (c) the fact that the Defendant’s vehicle driven was covered by a comprehensive insurance policy:

However, the Defendant had had the history of being punished several times including a suspended sentence due to drinking, unlicensed driving, etc., and, in particular, even if the Defendant was sentenced to a suspended sentence of imprisonment due to drinking driving in 2011, again committed each of the instant crimes immediately after the completion of the suspended sentence, even though he was sentenced to a fine by driving under drinking or unlicensed driving, the Defendant again committed each of the instant crimes. The occurrence of a traffic accident involving the occurrence of a high blood alcohol concentration at the time of the instant operation and the risk of the occurrence of the occurrence of a traffic accident involving the actual damaged vehicle. The Defendant does not seem to have any urgent or inevitable circumstance that makes it difficult for him to drive at the time of the instant crime, and no other extenuating circumstance exists to take into account the circumstances of the instant crime. Considering the various sentencing conditions indicated in the records, considering the Defendant’s age, character and behavior, family relationship, the background and motive of the instant crime, and the circumstances after the crime, it cannot be deemed unfair for the lower court to be sentenced to imprisonment ( August).

2. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.