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(영문) 수원지방법원 2015.05.29 2014노5541
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 (fines 5,00,000) is too unreasonable.

2. It is true that there is a favorable condition for sentencing, such as the fact that the defendant's recognition of the crime of this case is against the defendant, but the defendant has already been punished for the same kind of crime. However, in light of the fact that the defendant has a history of punishment for the same crime, the defendant caused a traffic accident in the condition of 0.232% blood alcohol concentration and damaged the victim's driver's vehicle and damaged the victim's vehicle, the defendant's statutory penalty for the violation of the Road Traffic Act, applied to the defendant, is "a imprisonment with prison labor for not less than one year but not more than three years or a fine not less than 5 million won but not more than 10 million won," and other various circumstances that are the conditions for sentencing in this case, such as the defendant's age, character, conduct, environment, family relationship, etc., it is not recognized that the above argument of unfair sentencing by the court below is unreasonable, and therefore, the defendant's above assertion of unfair sentencing is without merit

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

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