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(영문) 대구지방법원 2013.12.12 2013노9
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant's summary of the grounds for appeal is against the defendant, the punishment of the court below (three million won of fine) against the defendant is too unreasonable.

2. The judgment is a favorable condition that the Defendant’s distance on drinking is about 100 meters, the victim’s injury caused by a traffic accident caused by the Defendant is relatively minor, the Defendant recognized all of the crimes, and reflects the fact.

However, at the time of committing the instant crime, the Defendant’s blood alcohol concentration was not less than 0.095%, and caused a traffic accident due to drunk driving. Such a crime is likely to threaten the safety of himself/herself and others and undermine the sound order of road traffic, and is highly harmful to society, and there are multiple criminal charges against the Defendant, including the previous one.

In full view of the above circumstances, such as the character, conduct, environment, etc. of the defendant, the punishment imposed by the court below cannot be deemed unfair because it is too unreasonable. Thus, the above argument by the defendant 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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