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(영문) 대구지방법원 2015.07.16 2014노3909
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, and forty hours of an order to attend a compliance driving lecture) that the court below sentenced is too unreasonable.

2. The Defendant recognized the mistake of the instant crime, and is in profoundly contradictory to the fact that the Defendant did not repeat the instant crime.

The degree of injury suffered by the victim due to the instant traffic accident is relatively more severe, and the circumstance in which the defendant agreed smoothly with the victim is also recognized.

However, the Defendant committed the instant crime even though he had the record of being punished for drinking prior to the instant crime and driving without a license.

The crime of this case is likely to cause a traffic accident in which the defendant, while driving under influence while driving under the influence of alcohol, caused the victim to suffer an injury requiring medical treatment for about two weeks by shocking the victim's vehicle by the negligence at the center of the central line.

The blood alcohol concentration of the instant crime is very high to 0.205%, and the driving distance is 2 km and it is also poor to commit the instant crime.

In addition, considering all the sentencing conditions shown in the records and arguments of this case, such as the age, character, conduct and environment of the defendant, the sentence imposed by the court below cannot be deemed to be too unreasonable.

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

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