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(영문) 대구지방법원 2013.07.25 2013노1448
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the accused committed the crime in depth and did not repeat the crime, and the victim was reported to the 119th immediately after the accident so that the victim could return to the hospital.

Defendant

Vehicles are covered by comprehensive insurance, and 20 million won was deposited for the victims' bereaved families.

The defendant has been living in good faith while attending the automobile parts manufacturing factory, has been helping old parents with a good health, and the family members of the defendant want to take the action against the defendant.

However, even though the defendant had already been punished twice due to drinking driving, the drinking driving of this case was conducted at the same time, and the blood alcohol concentration of the defendant was 0.10% higher than that of the defendant.

The defendant shocked the victim of the crosswalk during the influence of alcohol driving, and as a result, the victim died while being treated at the hospital, and the result is significant.

In light of the circumstances after the crime of this case, the Defendant’s age, character and conduct, environment, etc., and all the sentencing conditions as shown in the arguments, the sentence imposed by the court below is too unreasonable.

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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