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(영문) 창원지방법원 2020.11.19 2020노1254
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment, three years of suspended execution, 120 hours of community service order, and 40 hours of order to attend a compliance driving lecture) of the court below is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant recognized his/her mistake and reflects; (b) there is no history of punishment exceeding a fine; (c) the victim’s injury is not serious; (d) the victim and the investigation stage; and (e) the vehicle involved in the accident is covered by the comprehensive

However, in full view of the fact that the Defendant had been punished three times due to drunk driving, which caused a traffic accident by breaking the central line while drunk driving, the blood alcohol concentration level of the Defendant was high, and other various conditions of sentencing as shown in the pleadings, such as the Defendant’s age, character and conduct, environment, background and consequence of the crime, driving distance, and circumstances after the crime, etc., the lower court’s sentencing appears to have been conducted within the reasonable scope of discretion by taking into account all the factors of sentencing specified in the present pleadings, and there is no special change of circumstances that could change the sentencing of the lower court, and thus, it cannot be deemed unfair because the lower court’s punishment is too too unreasonable.

Therefore, the defendant's above assertion is without merit.

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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