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(영문) 대구고등법원 2013.04.04 2013노28
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of the original court (eight months of imprisonment) is too unreasonable;

2. There are favorable circumstances for the defendant, such as the fact that the defendant recognized the crime of his own, scrapped the vehicle of this case, and the damage of the traffic accident is relatively minor and agreed with the victims.

However, even though the defendant was sentenced to a two-year probation on March 23, 201 due to a traffic accident while drunk driving, he also committed the same crime during the period of probation.

The blood alcohol concentration level at the time of driving under the influence of alcohol in this case is 0.158% high.

These circumstances are disadvantageous to the defendant.

In addition to this point, the sentence of the court below is too unreasonable in light of various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, and circumstances after the crime, etc.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

However, the applicable column of the statute of the court below

1. The violation of the Act on Special Cases concerning the Settlement of Traffic Accidents among commercial concurrence is obvious that "the heavier court" is a clerical error of "the heavier court", and thus, ex officio correction is made pursuant to Article 25 (1) of the Regulation on Criminal Procedure.

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