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(영문) 울산지방법원 2017.01.20 2016노2108
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances are favorable to the Defendant, such as the fact that the Defendant recognized and reflected his mistake, the degree of injury suffered individually by the victims due to the instant crime, and the fact that it appears that the recovery of damage is certain through the comprehensive insurance to which the Defendant was admitted.

However, the crime of this case was committed under the influence of alcohol 0.193% by the Defendant while driving at the same time in the influence of alcohol, and the Defendant suffered from about 2-3 injury to 9 victims, including children and juveniles, who had been on board two vehicles due to collisions due to the negligence in violation of the intersection signal, and caused about 2-3 attention treatment. In light of the circumstances of the crime, mode, driving level, the degree of damage, etc., the crime was not committed, but all the victims did not agree with the victim up to the trial. However, prior to the case, 3 times of the crime of this case was sentenced to a fine by driving under the influence of alcohol. In particular, even if there was the past record of being sentenced one time as in the case, the current Road Traffic Act has committed the crime of this case with the intention of preventing driving under the influence of alcohol that threatens the safety of traffic on the road, and protecting awareness of the situation of the crime, such as the case, where a person who has violated the drinking prohibition provision two times or more before and after the crime was committed under the circumstances of this case.

3. As such, the defendant's appeal is without merit. Thus, Article 364 (4) of the Criminal Procedure Act is not applicable.

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