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(영문) 광주지방법원 2013.12.20 2013노2281
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (two months of imprisonment, three years of suspended execution, three years of probation) is too unreasonable when considering various circumstances against the defendant in light of the summary of the grounds for appeal.

2. The judgment of the defendant is a favorable circumstance that the defendant is aware of all the crimes of this case, the degree of injury suffered by the victim is relatively less light, the defendant agreed with the victim, the defendant is making it difficult for the wife and his/her father to leave the hospital with disability in the age of 73 years old (the age of 73), and disposes of the vehicle after the instant case.

However, the defendant has been sentenced to a fine four times for the same crime for the last six years, and driving under the influence of alcohol is highly likely to threaten the life and body of others as well as himself. The defendant, without a driver's license, caused a traffic accident that causes the victim under the influence of alcohol by 0.11%, and thereby inflicting bodily injury on the victim. Article 148-2 (1) 1 of the Road Traffic Act provides that the person who drives under the influence of alcohol twice or more, drives a motor vehicle under the influence of alcohol shall be punished by imprisonment for not less than one year but not more than three years. In full view of all the sentencing conditions prescribed in Article 51 of the Criminal Act, including the fact that the court below sentenced the defendant to a reduced sentence for the crime of this case and sentenced the defendant to a sentence lower than the statutory punishment. Thus, the defendant's assertion is without merit.

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.

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