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(영문) 대구지방법원 2015.08.20 2015노2396
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The Defendant recognized the mistake of each of the instant crimes and is in profoundly against it.

The distance of driving without a license is about 10 meters, and the degree of injury suffered by the victims of the instant accident is relatively minor, and the amount of damage caused by the instant larceny is relatively small.

The defendant agreed with the driver of the vehicle that caused the traffic accident and the victim of the larceny.

It is also recognized that there is the most important circumstance that the defendant should support his/her family, such as old and healthy children.

However, the crime of this case was committed by the defendant while driving without a license while under the influence of 0.126% alcohol level, resulting in a traffic accident by occupational negligence and resulting in the injury to the victims, and its nature is heavy.

Before committing the instant crime, the Defendant had been punished several times, including the same kind of traffic crime, and has committed the instant crime even though it was a repeated crime period.

In light of the above criminal records of the defendant, the sentence imposed on the defendant is inevitable, and there is no new change in circumstances that can be considered after the judgment of the court below.

In addition, considering the various circumstances that form the conditions of sentencing as shown in the records and pleadings, such as the Defendant’s age, environment, character and conduct, motive leading to the instant crime, circumstances before and after the instant crime, etc., the lower court’s punishment is 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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