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(영문) 창원지방법원 2016.05.26 2016노578
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendant (one year of imprisonment, two years of suspended sentence, one hundred and twenty hours of community service order, and forty hours of compliance driving) is too unreasonable.

2. The fact that the defendant led to confession of facts constituting an offense, and that the defendant reflects his mistake through the life of confinement between two months, and that the defendant agreed with the legal representative of the victim is favorable to the defendant.

However, even if the Defendant was punished five times in total due to drinking driving, the Defendant caused traffic accidents while driving a vehicle not covered by mandatory insurance while driving at a high alcohol level of 0.112%. At the time of the instant case, the Defendant’s vehicle operated at the time of the instant case is a so-called large-type vehicle with no completion of ownership transfer registration in the name of the Defendant, and the degree of injury of the victim is about nine weeks in need of ownership, and the victim is a high school stable player, and it seems necessary for rehabilitation treatment in the future. However, according to the written agreement (the trial record 32 pages) written by the Defendant and the victim, according to the above agreement, the Defendant did not have paid damages at the time of the preparation of the said agreement, and there is no circumstance that the said agreement was implemented or otherwise recovered.

In addition, in full view of the facts that the court below determined the punishment against the defendant by taking into account all the circumstances, and there is no special change in the trial, and other various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime, it is not recognized that the sentence of the court below is too unreasonable.

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

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