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(영문) 울산지방법원 2015.10.08 2015노974
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant recognized all of his criminal acts; (b) the degree of injury suffered by the victims is relatively minor; (c) the vehicle of this case is covered by a comprehensive motor vehicle insurance and expected to be able to recover from damage; (d) the victims agreed with the victim to the trial; (c) the fact that there was no history of punishment for the sentence; and (d) the family

However, in full view of the following facts: (a) the Defendant, while driving under drinking alcohol again while driving under the influence of multiple times; (b) caused a traffic accident while driving under the influence of alcohol again; and (c) caused injury to the victims; and (d) drinking alcohol to conceal the fact of driving under drinking; (b) committed the instant crime during the period of suspension of execution; (c) the amount of drinking alcohol is relatively high to 0.189%; and (d) the lower court rendered the maximum sentence of punishment by discretionary mitigation; and (c) further, taking account of the Defendant’s age, character and behavior, home environment, motive and background of the instant crime; (d) the motive and consequence of the crime; and (e) the application of the sentencing guidelines of the Sentencing Committee by the Sentencing Committee, it is not recognized that the sentence imposed by the lower court 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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