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(영문) 전주지방법원 2016.04.01 2015노1626
도로교통법위반(사고후미조치)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime and reflects the Defendant’s mistake in depth; and (b) the Defendant appears to have recovered the victim’s damage as the Defendant subscribed to the automobile liability insurance policy.

On the other hand, the defendant has already been subject to criminal punishment four times for the same crime (two times of suspended execution and fine). In particular, the crime of this case was committed again during the period of suspended execution of the same crime, and the crime of this case is deemed to have been committed again during the period of suspended execution, and the degree of alcohol concentration in blood at the time of the crime of this case is very high to 0.202% and is disadvantageous to the defendant.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s 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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