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(영문) 창원지방법원 2016.04.21 2016노185
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

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

2. Determination of the facts constituting an offense is the circumstances favorable to the Defendant, such as: (a) the Defendant led to confession of the facts constituting an offense; (b) the vehicle operated by the Defendant appears to have been partially recovered from liability insurance; (c) there was no history of punishment exceeding a fine by the Defendant; and (d) the Defendant was subject to assault by the other person prior to the instant accident, and the Defendant’s health status is not good due to the 12 weeks of

On the other hand, the defendant was sentenced to a fine of KRW 1 million in 2006 and KRW 2.5 million in 2007, on the other hand, while driving a vehicle under the influence of 0.253% in blood, and caused the instant traffic accident by causing the violation of signal, and the victim G was injured by three victims due to the instant traffic accident. Among them, the victim G suffered the injury of the victim, such as the victim's inside and the wall frame that requires approximately four weeks medical treatment, etc., and the victim G was sentenced to a fine of KRW 1 million in 2006 due to drinking, and 2.5 million in 207, even if he had the record of being sentenced to a fine of KRW 5 million due to the refusal of alcohol measurement and non-licenseless driving, it is recognized that the victim G committed the instant crime again, and that it did not reach an agreement with the victims and the defendant.

Considering such circumstances and other factors as the Defendant’s age, sexual conduct, environment, background and consequence of the crime, and the circumstances after the crime, the sentence of the lower court cannot be deemed to be unfair because it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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