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(영문) 대구지방법원 2016.06.02 2015노2793
도로교통법위반(사고후미조치)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of eight months, the suspension of the execution of two years, the community service order80 hours, the order to attend a law enforcement lecture) is too unreasonable.

2. The Defendant, who made a confession of the facts charged, is against the Defendant, and the degree of physical damage caused by the instant accident is not serious, and the victim does not want the punishment of the Defendant upon agreement with the victim.

However, the alcohol concentration in the blood of this case is not lower than 0.101%, and the escape without taking necessary measures after the accident of this case caused the risk of the second accident. The defendant was punished once due to the drinking driving three times, the driving without a license, and the violation of the Road Traffic Act (not after the accident).

In addition, comprehensively taking account of the various circumstances, such as the defendant's age, environment, sex, and circumstances after the crime, the sentence of the court below is not recognized as being unfair due to the absence of the sentence of the court below.

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

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