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(영문) 대전지방법원 2015.11.26 2015노1641
교통사고처리특례법위반등
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 4,00,00) of the original judgment is too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is deeply divided and reflected in his/her depth; (b) the first offender who has no record of criminal punishment; and (c) is covered by a comprehensive insurance policy; and (d) the degree of injury suffered by the victim of the instant accident is relatively heavy.

However, the crime of this case is being driven under the influence of alcohol by the defendant while under the influence of alcohol 0.105%.

In full view of all the sentencing conditions, including the Defendant’s age, character and conduct, environment, motive, means and consequence, etc., which caused traffic accidents, and the liability for such crimes is not easy, and that there is no agreement with the victim, etc., and there is no change in circumstances that can change the sentence after the sentence of the lower court is rendered, it is not recognized that the sentence of the lower court, which sentenced to a fine, is too unreasonable.

3. 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.

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