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(영문) 대구지방법원 2015.11.19 2014노4976
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unreasonable.

2. The decision-making defendant has tried not to repeat the crime of this case by breaking his depth in depth.

The degree of injury suffered by the victims of the traffic accident in this case is not relatively more severe, and it seems that the damaged vehicle is covered by the comprehensive insurance and thus, it can be recovered from damage.

It is also recognized that the economic situation of the defendant is difficult.

However, the crime of this case was committed by the defendant while driving a vehicle in a state where it is difficult to drive the vehicle in a normal condition by drinking the blood alcohol concentration of 0.187% above, resulting in an injury to many victims by occupational negligence. The crime of this case is very heavy in light of the contents, degree of the defendant's negligence, and the result of the accident.

In addition, considering the various sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, economic situation, etc. of the defendant, the sentence of the court below cannot be deemed to be unfair because it is too unreasonable.

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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