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(영문) 청주지방법원 2014.11.20 2014노961
도로교통법위반(사고후미조치)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. There are circumstances such as the fact that the defendant's mistake and reflects, and that the victim agreed with the judgment. However, the drinking driving is a dangerous crime that may cause damage not only to the life and body of others, and thus there is a need to strictly punish and eradicate it. The defendant committed the crime of this case at the same time when four months have not passed since he was sentenced to a fine of KRW 8 million due to the same kind of crime, and he committed the crime of this case at the same time when four months have not passed since he was sentenced to a fine of KRW 8 million due to the same kind of crime, the blood alcohol concentration is considerably high as 0.180%, and other sentencing conditions as shown in the records and arguments, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result of the crime, etc., the court below's punishment is judged to be appropriate, and it is not recognized that the defendant's above assertion is too unreasonable.

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

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