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(영문) 대구지방법원 2015.12.24 2015노4245
도로교통법위반(사고후미조치)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. The judgment of the defendant is in violation of his depth and reflects the mistake of the crime of this case, and it does not repeat the crime.

The content of the instant accident and the degree of damage are not relatively much severe, and the Maritime Vehicle is covered by a comprehensive insurance policy.

It is also recognized that the defendant's health condition is not good due to the age of 68 years.

However, the crime of this case is that the defendant, while driving a drinking or unlicensed driving, caused a traffic accident due to the negligence of the central line, resulting in physical damage, but the defendant immediately stops and does not take necessary measures, and the responsibility for the crime is not somewhat weak.

Before committing the instant crime, the Defendant had been punished several times including suspended sentence due to drinking driving, and even during the suspended period due to the same kind of crime, the Defendant committed the instant crime while driving again while driving again.

The blood alcohol level of the instant case is 0.144%, and the quality of the instant crime is not good.

In light of the above criminal records of the defendant and the contents of the crime of this case, the sentence against the defendant is inevitable.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence of the court below cannot be deemed unfair because it 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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