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(영문) 광주지방법원 2018.06.26 2018노1345
도로교통법위반(사고후미조치)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. A favorable circumstance is that the Defendant recognized the instant crime and reflected against the Defendant, and agreed with the owner of the destroyed vehicle.

However, the defendant has already been punished for driving without a license or driving without a license for drinking, and despite the fact, the crime of the crime of this case committed by causing a traffic accident while driving without a license for drinking or driving without a license for drinking and causing a traffic accident to damage another person's motor vehicle and allowing his/her spouse to take the offender at an investigative agency is very bad.

In addition, the alcohol concentration in blood at the time of driving a drinking is 0.150% higher than that of the blood at the time of driving a drinking.

In full view of the records and arguments of this case, there is no special circumstance or change of circumstances that can be newly considered in the trial of the party, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, sex, family relationship, circumstances after the crime, etc., the lower court's punishment is too unreasonable.

Defendant’s assertion is not accepted.

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

[Provided, however, the court below's application of the law to ① Article 152 subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (non-licenseless Driving) of the Act on the Road Traffic is a clerical error, ② Articles 40 and 50 of the Criminal Act "in the ordinary concurrence," and 50 of the Criminal Act "(non-licenseless Driving)" [the punishment prescribed for a violation of the Road Traffic Act (non-driving Driving) around May 19, 2017) and the punishment for a violation of the Road Traffic Act (non-driving Driving) with heavy penalty] "Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (non-licenseless Driving) of the Act on the Road Traffic" are omitted, and Article 25 of the Regulations on Criminal Procedure is clearly omitted.

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