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(영문) 서울고등법원 2013.03.08 2012노4359
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below is too unreasonable in light of the fact that the defendant reflects his fault and agreed with the victims, etc.

2. The judgment below held that the defendant recognized all of the crimes of this case as well as the circumstances favorable to the defendant, such as the fact that the defendant committed the crime of this case and reflects his mistake, the distance from driving the vehicle in the state of drinking, the injury of the victim due to traffic accident is not even heavy, and the victim does not want punishment by the victim, and the crime of this case is committed under the mutual consent between the victims and the victims. The defendant is driving a drinking or non-license without permission, driving a vehicle again at least three days after the enforcement of control, resulting in a traffic accident, resulting in an injury requiring about two weeks of medical treatment and destroying two damaged vehicles without any measure, and the defendant escaped without any reason. In light of the degree of the influence of the defendant at the time of the above drinking driving, the degree of the negligence of the defendant at the time of the above accident, the degree of the accident, the size of the accident, and the situation that the defendant had already been sentenced to imprisonment with prison labor and any other circumstances, such as punishment for the crime of this case, which are disadvantageous to the defendant, and thus, were sentenced to a repeated crime.

The court below considered.

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