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(영문) 대구지방법원 2016.11.08 2015노4958
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 4.5 million (a fine of KRW 4.5 million) is too unreasonable.

2. On the other hand, the Defendant recognized the facts charged and is against the Defendant, and the Defendant did not have any special criminal records other than twice juvenile protective disposition, and the degree of injury of the victims caused by the instant accident is not much serious.

However, the blood alcohol concentration of this case is higher than 0.139%, and the accident of this case occurred due to the defendant's violation of the signal, and there is no part in which the defendant separately endeavored to recover from the victims.

In addition, comprehensively taking account of various circumstances, such as the Defendant’s age, environment, character and conduct, and circumstances after committing the crime, the lower court’s sentence is not deemed unreasonable.

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

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