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(영문) 울산지방법원 2019.07.05 2019노425
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the Defendant are the following: (a) the Defendant recognized the instant crime; (b) the victims agreed with some of the victims; and (c) the Defendant has no criminal record exceeding the fine.

However, in full view of all the sentencing conditions indicated in the pleadings of this case, including the fact that the Defendant committed the instant crime even three times with the previous records of punishment for drinking driving, the Defendant’s blood alcohol content exceeds 0.178%, the Defendant’s blood alcohol content exceeds 0.178%, the Defendant caused an accident by breaking the central line, the degree of injury inflicted on the victim, the victim’s part of the victim did not agree with the victim, the Defendant’s economic situation, age, character, character, environment, circumstances after the Defendant committed the instant crime, and whether there was a change in circumstances after the sentence of the lower judgment, the lower court’s punishment appears to be within a reasonable and appropriate scope and cannot be deemed to be excessively unreasonable.

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 since the defendant's appeal is without merit. It is so decided as per Disposition.

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