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(영문) 부산지방법원 2015.02.13 2014노4565
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence of one-year imprisonment sentenced by the court below to the defendant is too unreasonable.

2. The judgment of the court below is that each of the crimes of this case committed by the defendant while driving a motor vehicle under the influence of alcohol level of 0.078% without a driver's license with no mandatory insurance, resulting in an injury requiring medical treatment for about two weeks by the victim DNA driving who was parked according to the stop signal due to his/her violation of the duty of care at the front-time, causing a traffic accident by causing damage to the victim. On the other hand, he/she continued to receive the above accident report and publicly insulting the police officer G who was called out after receiving the above accident. In light of the degree of driving, the danger of drunk driving, the occurrence of the occurrence of the accident, and the behavior of the defendant after the accident, etc., the crime is very poor, and it does not seem that there is an urgent or inevitable circumstance for the defendant to drive a motor vehicle under the influence of alcohol and without obtaining a driver's license, and the defendant cannot be found to have made efforts to do so under the Road Traffic Act, and there is no evidence to recognize that the defendant has made every effort to do so, including any criminal punishment of unlawful acts, etc.

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