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(영문) 창원지방법원 2017.10.12 2017노2112
교통사고처리특례법위반(치사)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the accused recognizes the crime and reflects it, the fact that the above bereaved family members want to find the Defendant’s wife by agreement with the victim’s bereaved family members, and the fact that the Defendant’s health status is not good;

However, the Defendant had the record of being sentenced to a fine four times due to drinking driving, one-time suspension of execution, and one-time suspension of driving without a license, and the Defendant was sentenced to a two-month suspension period due to drinking driving at the Changwon District Court on November 8, 2016, and was sentenced to a two-month suspension period due to driving under the influence of alcohol and was subject to a two-month suspension period due to the said driving under the influence of alcohol, and the result of the Defendant’s death caused a traffic accident while driving under the influence of alcohol and causing the death of the victim. In full view of other various circumstances, the Defendant’s age, environment, sex behavior, circumstances before and after the commission of the instant crime, and the sentencing conditions specified in the records and arguments, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. As such, 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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