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(영문) 울산지방법원 2019.03.29 2019노49
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. In light of the judgment, the Defendant recognized the instant crime, and the Defendant’s vehicle is covered by a comprehensive motor vehicle insurance, and the victim’s injury suffered by the instant accident is relatively heavy, etc. are favorable to the Defendant.

On the other hand, this case caused a traffic accident that the defendant gets injured to the victim by breaking the central line while driving under the influence of alcohol, with heavy liability for such crime, and with the blood alcohol content of the defendant 0.11% at the time, the defendant's blood alcohol content was considerably high at 0.11%, and with three times or more, there are disadvantageous circumstances to the defendant, such as the defendant's economic situation, age, character, character, environment, circumstances after the crime, and whether there is a change in circumstances after the sentence of the court below, etc., the sentence of the court below is deemed to be within reasonable and appropriate scope, and it cannot be deemed that it is excessively unfair.

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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