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(영문) 의정부지방법원 2013.08.22 2013노1459
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (four months of imprisonment) shall be too unreasonable.

2. It is also true that there are circumstances favorable to the defendant, such as the fact that the defendant, while driving in the course of a part of the preceding math condition less than the previous math sentence, led to the crime of this case, the degree of damage caused by traffic accident is relatively minor, the victim and the defendant agreed to the extent smoothly with the victim, and the fact that the defendant repented his mistake.

However, in light of the punishment power, the defendant was sentenced to a suspended sentence due to the same crime, and there are many previous and previous charges, such as being sentenced to a fine for driving under the influence of alcohol again, but being sentenced to a fine, etc. In light of the above punishment power, the defendant seems to have an obstacle to driving under the influence of alcohol and without a license, and the defendant seems to have any intention to take another action, and the defendant again caused a traffic accident involving the victim's vehicles in the opposite four-lanes beyond the center line while giving a signal while driving under the influence of alcohol, and caused the traffic accident involving the victim's vehicles in the opposite four-lanes of the center line beyond the center line. The defendant's act is so dangerous that it would lead to a large accident, and it cannot be deemed that the sentence of the court below against the defendant is too unreasonable in light of all the sentencing conditions indicated in the records of this case, such as the circumstances and methods of the crime, the age and character of the defendant, family environment, and the circumstances after the crime.

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

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