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(영문) 전주지방법원 2013.12.20 2013노1140
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. Determination of the grounds for appeal of this case is recognized in depth while the Defendant fully recognized the instant crime, and the lower court recognized the favorable circumstances such as the restoration of KRW 90 million out of the damaged vehicle by the chartered bus mutual aid association and the owner of the damaged vehicle, and the fact that the Defendant should support her mother.

However, the crime of this case was committed by the defendant while driving a tourist bus under the influence of 0.182% of alcohol concentration, and caused a traffic accident, thereby damaging the damaged vehicle to take approximately KRW 228,205,483 of the repair cost. The blood alcohol concentration is high and the degree of damage is high, the defendant did not take any measures to recover the remaining damage up to the trial, despite the fact that the defendant had been punished nine times (two times of suspended sentence and seven times of fine) for the same crime, and the defendant repeatedly committed the crime of this case. In full view of the various sentencing conditions of Article 51 of the Criminal Act, including the defendant's age, character and behavior, environment, circumstances leading to the crime of this case, means and result, and the situation before and after the crime, etc., it is not recognized that the sentence of the court below is unreasonable, and thus, the defendant's assertion of unfair sentencing is without merit.

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

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