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(영문) 서울고등법원 2013.11.14 2013노2881
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Determination on the grounds for appeal

A. The sentence imposed by the court below (one year of imprisonment) on the defendant is too unreasonable.

B. The instant crime is an offense that undermines road safety, and is highly harmful to society that may pose a serious risk to the life and body of others.

In addition, at the time of the crime of this case, the blood alcohol concentration of the defendant was very high by 0.235% and 0.190% respectively, and in the case of the crime committed on March 19, 2012, two people were injured by causing a traffic accident.

Furthermore, the defendant has already been punished or sentenced once due to drinking driving or unlicensed driving, and not only the blood alcohol concentration at the time of the previous crime of drinking driving is generally high.

Furthermore, on October 22, 2004, the Defendant was sentenced to a two-year suspended sentence on the grounds of a drunk driving and a non-licensed driving on August 22, 2004. On March 7, 2012, the Defendant was subject to a two-year suspended sentence. On March 19, 2012 and was investigated by the police, it is highly likely to repeat the crime by re-driving on March 19, 2012.

Therefore, the sentence of sentence on the defendant is inevitable.

However, the defendant is going against his mistake in depth, and he again does not drive or drive without a license while disposing of the cargo vehicle which he has driven.

In addition, the degree of injury of victims of traffic accidents is relatively minor, and the vehicle operated by the defendant is expected to have no particular difficulty in recovering damage as the vehicle is covered by comprehensive insurance.

Furthermore, while the Defendant worked as a daily worker at the construction site and has economic difficulties, it seems that the Defendant had lived faithfully as well as with the old mother’s living expenses and the child support for the children born between the former and the former.

In addition, the detention of the accused is expected to increase the economic difficulties of the female living together with poor health conditions.

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