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(영문) 청주지방법원 2017.01.19 2016노1204
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The defendant is deeply divided and reflected in each of the crimes in this case.

The degree of damage caused by traffic accident victims seems to be relatively minor.

It seems that most of the medical treatment costs and vehicle repair costs will be compensated due to liability insurance subscribed by the defendant.

The defendant is in a position to support the bad mother's health.

Circumstances unfavorable to the defendant are as follows:

The defendant caused a traffic accident in violation of the signal while driving a drinking without a license, and the degree of damage of the damaged vehicle is not easy.

At the time of the accident of this case, the alcohol concentration among the blood of the defendant is 0.135% high.

Defendant 1 was driving without a license, even though he was unable to commit the above crime, and there was no few months.

In 202, the defendant was sentenced to imprisonment with prison labor for one year due to driving under the influence of alcohol in 2002, imprisonment with prison labor for six months due to driving under the influence of alcohol in 2012, and a fine of 5,00,000 won due to driving under the influence of alcohol in 2015 and has a record of criminal punishment for the same crime several times.

The defendant did not reach an agreement with the victim of the traffic accident.

In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment cannot be deemed to be unduly unreasonable.

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

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