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(영문) 의정부지방법원 2016.08.23 2016노1401
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 4 million) is too unreasonable.

2. Determination

A. It is recognized that the defendant confessions the crime of this case and reflects the fact that the defendant's economic condition is not good, the degree of injury suffered by the victim is not much serious, and the defendant is covered by the comprehensive motor vehicle insurance.

B. However, in full view of the following circumstances: (a) the Defendant was driving in the state of 0.125% alcohol concentration in blood and suffered injury to the victim by causing an accident; (b) the nature of the offense was bad; (c) the Defendant was punished by a fine due to driving under the influence of alcohol; (d) there was no agreement with the victim; (c) there was no change in circumstances after the sentence of the lower judgment; and (d) there was no change in circumstances after the sentence of the lower judgment; and (e) other circumstances constituting the conditions for sentencing specified in the argument of the instant case, including the Defendant’s age, details of the offense, and the circumstances after the crime, the lower court’s punishment

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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