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(영문) 수원지방법원 2015.09.11 2015노2605
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (2,500,000 won of fine) is too unreasonable.

2. It is true that there is conditions favorable to the defendant, such as the fact that the defendant recognized the crime of this case and is against the defendant.

However, although the defendant alleged that he was a neighbor's elderly living in the next house and was driving under influence of alcohol to return to the hospital, the driver's report on his status statement (Investigation Record 14 pages) contains both motive and purpose points as "ear", and even when the defendant was investigated by the police, it is difficult to accept the defendant's above assertion since he did not make the above statement. Even if it was true, the defendant is driving under the influence of alcohol 0.091% under the influence of alcohol.

In full view of the following circumstances: (a) the victim suffered injury by causing traffic accidents; (b) the Defendant was punished for the same kind of crime; and (c) the Defendant’s age, character and conduct, environment, family relationship, and other circumstances that form the conditions for sentencing specified in the instant case, the lower court’s punishment is not deemed to be too unreasonable.

Therefore, the defendant's above assertion of unfair sentencing is without merit.

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

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