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(영문) 대구지방법원 2015.01.22 2014노4030
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following: the defendant did not repeat the crime by taking advantage of his depth against the mistake of the crime; the victims and the victims agree with the victim. The defendant is responsible for the livelihood of the wife and the elementary school students and their offsprings.

However, the Defendant had been punished several times due to drinking and driving without a license (4 times of a fine and two times of a suspended sentence only after 2000), and the Defendant committed the instant crime during the suspended sentence even though he was subjected to a suspended sentence due to drinking driving in 2010 and 2013.

The influence level of blood alcohol was 0.137%, and the degree of traffic accident is 0.137%, and the injury to three victims is heavy.

In addition, considering the age, character and conduct, environment, risk of recidivism, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below 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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