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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. The judgment of the defendant recognized each of the crimes of this case; the degree of injury suffered by the victim of the traffic accident of this case is relatively minor; the vehicle driven by the defendant is covered by the automobile comprehensive insurance; and the defendant has reached an agreement with the victim in this court; etc. are favorable to the defendant.
However, even though the defendant had been punished four times due to drinking driving, he/she again causes a traffic accident while driving a drinking again, and the defendant shocked the victim's vehicle that was in operation at the center of the central line due to negligence and thus, the error is large, the defendant was punished five times by driving without the same kind of crime, in addition to driving under drinking, and in particular, on June 26, 2014, he/she was sentenced to a suspended sentence of two years due to a violation of the Road Traffic Act (non-licensed driving). The court below determined the sentence by means of reducing the amount by taking into account the circumstances favorable to the defendant.
In full view of all the sentencing conditions as indicated in the records and theories of the instant case, including the above circumstances, including the Defendant’s age, sex, environment, and circumstances after the crime, the lower court’s sentence is too unreasonable and is not recognized to have exceeded the reasonable scope of discretion.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition by the court below (Article 25 (1) of the Regulation on Criminal Procedure; Article 38 (1) 2, (2), and Article 50 of the Act on Special Cases Concerning the Settlement of Traffic Accidents shall be applied as "in the case of 1637 on the flat Gyeong-ro, 1637" of the Criminal Procedure Act as "in the case of 1637 on the flat Gyeong-ro, Pursuant to Article 25 (1) of the Regulation on Criminal Procedure," and "Article 38 (1) 2, and Article 50" shall be applied as "Article 38 (1) 2, Article 38 (2), and Article 50 [the more severe punishment is imposed.]