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(영문) 대구지방법원 2016.10.06 2015노5292
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. One of the defendants is recognized as the facts charged, and the degree of injury of the victim due to the accident in this case is not serious, and the defendant has no special criminal history.

However, the blood alcohol content of the instant case is very high as 0.184%, and the driving distance of the instant case is considerably high as about 8 km, and there is no circumstance that the Defendant made a separate effort to recover damage to the victim in addition to the insurance treatment.

In addition, comprehensively taking account of various circumstances, such as the Defendant’s age, environment, character and conduct, and circumstances after committing the crime, the lower court’s sentence is not deemed unreasonable.

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

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