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(영문) 부산지방법원 2015.05.29 2015노990
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of imprisonment with prison labor for one year, two years of suspended sentence, 120 hours of community service, and 40 hours of lecture of compliance officer is too unreasonable.

2. It is recognized that the circumstances such as the Defendant’s agreement with the victims and the Defendant’s health status are not good.

However, in the instant case, the Defendant was under the influence of alcohol content 0.059% and was injured by the victims of traffic accidents while driving a motor vehicle while being under the influence of alcohol content 0.059%, and the relevant case is not somewhat weak; the Defendant had the record of being sentenced to the punishment of the community service order for two years under the suspension of one-year imprisonment due to a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on November 14, 2012; there is no change in the circumstance that should be reversed at the time of the trial; and there is no change in the lower judgment’s age, environment, occupation, family relationship, circumstances leading to each of the instant crimes, etc., the sentence determined by the lower court cannot be deemed unfair because it is difficult for the Defendant to implement the community service order.

Therefore, the defendant's assertion is without merit.

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

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