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(영문) 광주지방법원 2013.11.27 2013노1972
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 court below (ten months of imprisonment, two years of suspended sentence, 40 hours of community service, 40 hours of compliance driving, 40 hours of course of compliance driving) is too unreasonable.

2. The judgment of the court below is justified in light of the following circumstances: (a) the defendant led to the occurrence of the instant accident in which he was under the influence of alcohol while driving under the influence of alcohol at 0.07% and the victim was under the influence of alcohol; (b) the vehicle driven by the defendant was covered by a comprehensive motor vehicle insurance; (c) the vehicle driven by the defendant is separately agreed with the victim at the investigation stage; and (d) the defendant has no criminal record heavier than a fine; (c) the defendant has already been sentenced to a fine of KRW 3 million on July 5, 2001 due to drunk driving; and (d) the defendant had already been sentenced to a fine of KRW 1 million on November 7, 201, but he was under the influence of alcohol at 0.07% on alcohol; and (d) the defendant was under the influence of alcohol; and (e) the victim was under the influence of alcohol; and (e) the court below seems to have determined the sentence by taking into account all favorable circumstances for the defendant.

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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